[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 4-1986. Amendments noted where applicable.]
CROSS-REFERENCES
Adoption by reference: see Optional Third Class City Charter
Law § 608(a) [53 P.S. § 41608(a)]; Third Class
City Code § 2403(67) [53 P.S. § 37403(67)].
Emergency orders and appeals: see Ch. 8-301.
Local Agency Law: see Subchapter B of Chapters 5 and 7, Act
of April 28, 1978, P.L. 202, as amended (2 Pa.C.S.A. §§ 105,
551 to 555 and 751 to 754).
Rent withholding: see Ch. 8-507.
It is the intent and purpose of this chapter to adopt a modern
building code which will prescribe effective standards and minimum
requirements for the construction of buildings in the City. This code
is designed to cover every facet of building construction to ensure
that the residents of Harrisburg are provided with safe, sanitary
and well-constructed structures for all purposes and uses and to provide
reasonable safeguards to protect the public health and safety against
the hazards of inadequate, defective or unsafe mechanical installations.
[Ord. No. 17-1994; amended 9-23-2003 by Ord. No. 25-2003]
In accordance with Section 608 of the Optional Third Class City
Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608,
and Section 4130 of the Third Class City Code, Act of June 23, 1931,
as amended, 53 P.S. § 39130(b), there is hereby adopted
by the City, for the purpose of prescribing specifications and regulations
to ensure the structural safety and noncombustibility of buildings
and housing constructed, reconstructed, altered, enlarged, repaired
or maintained within the City, that certain building code known as
the "International Building Code, 2003 Edition," and all appendixes
thereto, with the exception of Appendix A, B and D, as supplemented
and published by the International Code Council, except such provisions
which are in conflict with regulations promulgated by the Pennsylvania
Department of Labor and Industry interpreting the Uniform Construction
Code pursuant to Section 301 of the Pennsylvania Construction Code
Act, Act of November 10, 1999, P.L. 491, 35 P.S. § 7210.301,
or any other state law on the subject or regulations issued by a state
agency by virtue of a state law. Ten copies of the adopted Building
Code are presently on file in the office of the City Clerk, and such
code is hereby incorporated as fully as if set forth at length herein.
The provisions of the adopted Building Code shall be controlling within
the limits of the City, except as amended by the provisions of this
chapter.
[Added 9-23-2003 by Ord. No. 25-2003[1]]
The following sections of the International Building Code, 2003
Edition, as adopted herein, are hereby deleted in their entirety and
replaced as indicated:
A.
Chapter
1, Administration.
(1)
Section
101.1 is amended to read as follows:
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101.1 Title. These regulations shall be known as
the "Building Code of the City of Harrisburg," hereinafter referred
to in this chapter as "this code."
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(2)
Section
103.1 is amended to read as follows:
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103.1 General. The City of Harrisburg Department
of Building and Housing Development, Bureau of Codes Enforcement (also
referred to in this code as "Department of Building Safety"), or any
other department, bureau or division of the City designated by the
Mayor shall administer and enforce this code or any part thereof,
and the executive official in charge thereof shall be known as the
"Codes Administrator" (also referred to in this code as "Building
Official").
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(3)
Section
105.2 is amended to read as follows:
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105.2 Work exempt from permit. Exemptions from
permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
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Building:
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1.
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Oil derricks.
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2.
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Water tanks supported directly on grade if the capacity does
not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter
or width does not exceed two to one.
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3.
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Sidewalks and driveways not located within a public right-of-way,
not more than 30 inches (762 mm) above adjacent grade and not over
any basement or story below and which are not part of an accessible
route.
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4.
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Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
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5.
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Temporary motion-picture, television and theater stage sets
and scenery.
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6.
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Prefabricated swimming pools accessory to a Group R-3 occupancy,
as applicable in Section 101.2, which are less than 24 inches (610
mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed
entirely above ground.
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7.
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Shade cloth structures constructed for nursery or agricultural
purposes and not including service systems.
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8.
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Swings and other playground equipment accessory to detached
one- and two-family dwellings.
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9.
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Window awnings supported by an exterior wall which do not project
more than 54 inches (1,372 mm) from the exterior wall and do not require
additional support of Group R-3, as applicable in Section 101.2, and
Group U occupancies.
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10.
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Movable cases, counters and partitions not over five feet nine
inches (1,753 mm) in height.
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(4)
Section
105.2.2 is amended to read as follows:
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105.2.2 Repairs. Application or notice to the Building
Official is not required for ordinary repairs to structures, replacement
of lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles, provided that such
repairs total less than $1,000 on a single project performed within
a three-month period. Such repairs shall not include the cutting away
of any wall, partition or portion thereof; the removal or cutting
of any wall, structural beam or load-bearing support; the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the egress requirement; nor shall ordinary
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent, or similar piping, electric wiring, or mechanical
or other work affecting public health or general safety.
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(5)
Section 112, Board of Appeals. This section is deleted in its entirety. See § 8-101.7 of the City's Codified Ordinances for appeal procedures.
(6)
Section
115.2 is amended to read as follows:
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115.2 Unsafe building defined. The term "unsafe
building or structure" shall apply to buildings or structures, or
portions thereof, existing or hereafter erected as follows:
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1.
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Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
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2.
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Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting, enclosing or outside
walls or covering.
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3.
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Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
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4.
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Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the City.
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5.
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Those which have become or are so dilapidated, decayed, unsafe,
or unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely
to cause injury, sickness or disease to those living therein or to
the general public.
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6.
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Those having inadequate light, air and sanitation facilities
likely to cause injury, sickness or disease to those living therein
or to the general public.
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7.
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Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of evacuation.
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8.
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Those which have parts thereof which are so attached that they
may fall and injure members of the public or damage property.
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9.
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Those vacant buildings unguarded or open at a door or window
shall be deemed a fire hazard, an attractive nuisance and unsafe within
the meaning of this code.
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10.
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Those dwellings and premises existing in violation of the provisions
of the City Building or Housing Codes[2] or other relevant ordinances of the City and the statutes
of the Commonwealth of Pennsylvania which, because of their condition
or the manner in which the same are maintained, are so unsafe, unsanitary
or dangerous as to constitute a danger to the health and safety of
those living therein or to the general public.
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[2]
Editor's Note: See Title 8, Building and Housing Development
Code, of these Codified Ordinances.
(7)
Section
115.4 is amended to read as follows:
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115.4 Method of service.
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1.
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Personal service, certified or registered mail. Such notice
shall be deemed to be properly served upon such owner if:
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(A)
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A copy thereof is delivered to the owner personally; or
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(B)
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A copy of the notice is left at the owner's usual place
of abode, in the presence of someone of suitable age and discretion
who shall be informed of the contents thereof; or
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(C)
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A copy of the notice is sent by certified or registered mail,
return receipt requested, addressed to the owner at his/her last known
address.
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2.
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Posting and mailing. If service is not made under Subsection
1(A) or 1(B) above, or if the certified or registered letter is returned
with receipt showing that it has not been delivered, service of any
document hereunder shall be deemed to be properly served if:
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(A)
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A copy thereof is posted in a conspicuous place in or about
the structure or property affected by such notice; and
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(B)
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A copy thereof is mailed to or left for the owner, the owner's
attorney or the owner's appointed or authorized agent at said
persons's last known address. Mailing hereunder is deemed to
have occurred if said notice is mailed, via the United States Postal
Service, postage prepaid, to the then last known address, and said
mail is not returned within 15 days from the date of mailing.
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(8)
Section
115.6 is added to read as follows:
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115.6 Disregard of unsafe notice. If a person served
with a notice or order to remove or repair an unsafe building or structure
or portion thereof should fail to do so within the time set forth
in such notice or order, or after the expiration of any additional
period or periods extended to such person by the Codes Administrator
for the reasons set forth hereafter, the City, through its duly constituted
representatives, may cause the order to be executed by private contractor
or otherwise. The cost to the City on account of the execution of
the order may be entered as a lien against the premises involved in
accordance with the existing provisions of law where such notice or
order was delivered to the owner thereof. The City may also collect
such costs from the person to whom such notice or order was delivered
in an action of assumpsit, together with a penalty of 10% thereof.
Nothing herein shall preclude the City Solicitor from instituting
an appropriate action on behalf of the City in a court of equity for
the purpose of compelling an owner to comply with any such notice
or order. If, due to an act of God or because of circumstances beyond
the control of the person to whom such notice or order is directed,
the notice or order is not completely executed within the thirty-day
period, the Codes Administrator may grant, in writing, an additional
period or periods of time for the execution of such notice or order.
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B.
Chapter 27, Electrical. Chapter 27 is hereby amended to provide that the Electrical Code of the City of Harrisburg is adopted by the City in Chapter 8-103 and shall govern all electrical installations.
C.
Chapter 28, Mechanical Systems. Chapter 28 is hereby amended to provide that the Mechanical Code of the City of Harrisburg is adopted by the City in Chapter 8-109 and shall govern the installation and maintenance of mechanical appliances, equipment and systems.
D.
Chapter 29, Plumbing Systems. Chapter 29 is hereby amended to provide that the Plumbing Code of the City of Harrisburg is adopted by the City in Chapter 8-105 and shall regulate all matters pertaining to plumbing.
E.
Chapter
33, Safeguards During Construction, Section 3307, is amended to read
as follows:
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3307.1 Protection required. Adjoining public and
private property shall be protected from damage during construction,
remodeling and demolition work. Protection must be provided for footings,
foundations, party walls, chimneys, skylights and roofs. Provisions
shall be made to control water runoff and erosion during construction
or demolition activities. Exception: Where the building adjoining
a demolition site is in a state of disrepair, structurally unsound,
has been condemned by the City or contains any other preexisting conditions
that would preclude the proper protection or installation of a party
wall, the individual or contractor overseeing the demolition shall
not be required to protect or erect a party wall in compliance with
this code or any other laws or ordinances of this jurisdiction.
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3307.2 Notice of intent. The person intending to
cause a demolition or excavation shall deliver written notice of such
intent to the owner of each potentially affected adjoining lot, building
or structure at least one week prior to the commencement of work.
The notice shall request license to enter the potentially affected
lot, building or structure prior to commencement of work and at reasonable
intervals during the work to inspect and preserve the lot, building
or structure from damage.
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3307.3 Protection of adjoining property. If granted
the necessary license to enter the adjoining lot, building or structure,
the person causing the demolition or excavation to be made shall,
at all times and at his or her own expense, preserve and protect the
lot, building or structure from damage or injury. If the necessary
license is not granted, it shall be the duty of the owner of the adjoining
lot, building or structure to make safe his or her own property, for
the execution of which said owner shall be granted necessary license
to enter the premises of the demolition or excavation.
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3307.4 Notice to the Building Official. If the
person causing a demolition or excavation to be made is not granted
license to enter an adjoining structure, that person shall immediately
notify, in writing, both the Building Official and the owner of the
adjoining property that the responsibility of providing support to
the adjoining lot, building or structure has become the exclusive
responsibility of the owner of the adjoining property.
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F.
Appendix
K is added to read as follows:
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APPENDIX K
FLOODPROOFING REQUIREMENTS FOR CONSTRUCTION IN THE FLOODPLAIN
ZONING DISTRICTS
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SECTION K-1
FLOOD DAMAGE CONTROL REGULATIONS
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In order to prevent excessive damage to buildings and structures
due to conditions of flooding, the following requirements apply to
the erection, exterior structural addition or any substantial improvement
or alteration of any building or structure or portion thereof within
the floodplain zoning districts established by Chapter 7-329, Floodplain
Overlay District, of the Codified Ordinances.
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K-1.1 Dry basements and first floors of nonresidential
structures.
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1.
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The lowest floor (including basement) in nonresidential buildings
may be constructed below the height of the one-hundred-year flood,
provided it is designed to remain completely dry or essentially dry
during periods of flooding to at least two feet above the height of
the one-hundred-year flood.
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2.
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The lowest floor (including basement) in nonresidential buildings
constructed below the height of the one-hundred-year flood that is
designed to either remain completely dry or essentially dry during
periods of flooding in accordance with the provisions of Subsection
1 hereof shall be completely or substantially impermeable to the passage
of external water and water vapor under the hydrodynamic and hydrostatic
pressure of flooding to at least two feet above the height of the
one-hundred-year flood. Large cracks, openings or other channels that
could permit unobstructed passage of water shall not be permitted.
However, sump pumps may be utilized to control seepage.
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3.
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Basements or lowest floor levels in nonresidential buildings
constructed below the height of the one-hundred-year flood that are
designed to either remain completely dry or essentially dry during
periods of flooding in accordance with the provisions of Subsection
1 hereof shall be constructed with either a continuous membrane, integrally
waterproofed concrete or a continuous inner lining.
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4.
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Enclosed areas below the lowest floor (including basement) are
prohibited.
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K-1.2 Floodproofing residential basements and first floors. Enclosed areas below the lowest floor (including the basement) are
prohibited in residential buildings. The lowest floor (including basement)
in residential structures shall be constructed at least two feet above
the height of the one-hundred-year flood.
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K-1.3 Elevation of structures by fill. If fill
is used to raise the lowest floor (including basement) to two foot
above the height of the one-hundred-year flood:
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1.
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Fill shall extend laterally 15 feet beyond the line from all
points.
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2.
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Fill shall consist of soil or small rock materials only. Fill
material shall be compacted to 95% minimum dry density of the maximum
dry density of material used. Soil or small rock material used for
fill shall be placed in lifts and compacted in accordance with the
ASTM Standard on Soil Compaction (D18-1993) to provide the necessary
permeability and resistance to erosion or scouring. Sanitary landfills
shall not be permitted.
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3.
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Fill slopes shall be no steeper than one vertical on two horizontal,
unless substantiating data, justifying steeper slopes, is submitted
to and approved by the Codes Administrator.
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4.
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Fill shall be used only to the extent to which it does not adversely
affect adjacent properties.
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K-1.4 Elevation of structures by alternative modes. If piles, columns, piers, walls or other similar members are used
to raise the finished surface of the lowest floor (including basement)
to two feet above the height of the one-hundred-year flood:
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1.
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The design must consider the hydrostatic, hydrodynamic and impact
loads of the one-hundred-year flood upon the structure.
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2.
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Clear spacing of support members, measured perpendicular to
the general direction of flood flow, shall not be less than eight
feet apart at the closest point.
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3.
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Solid walls or walled-in columns should be oriented with the
longest dimension of the member parallel to the flow.
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4.
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The potential of surface scour around members shall be recognized
and protective measures provided as required.
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K-1.5 Placement of buildings and structures.
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1.
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All buildings and structures shall be constructed and placed
on the lot so as to offer the minimum obstruction to the flow of water
and shall be designed to have a minimum effect upon the flow and height
of floodwater.
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2.
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The following shall not be placed or caused to be placed in
the floodplain zoning districts: structures or other matter which
may impede, retard or change the direction of the flow of water, or
may catch or collect debris carried by such water, or is placed where
the natural flow of the stream or floodwaters would carry the same
downstream to the damage or detriment of either public or private
property adjacent to the floodplain.
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K-1.6 Anchoring.
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1.
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All new construction and substantial improvements shall be firmly
anchored to prevent flotation, collapse and lateral movement, thus
reducing the threat to life and property and decreasing the possibilities
of the blockage of bridge openings and other restricted sections of
the watercourse.
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2.
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All air ducts, large pipes and storage tanks located at or below
the first-floor level shall be firmly anchored to prevent flotation.
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K-1.7 Floors, walls and ceilings.
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1.
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Wood flooring used at or below the first-floor level, where
such first floor is below two feet above the height of the one-hundred-year
flood, shall be installed to accommodate a lateral expansion of the
flooring, perpendicular to the flooring grain, without incurring structural
damage to the building.
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2.
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All finished flooring used at or below the first-floor level,
where such first floor is below two feet above the height of the one-hundred-year
flood, shall be made of materials which are dimensionally stable and
resistant to water damage resulting from submersion for at least a
forty-eight-hour period.
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3.
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All carpeting or carpet cushions employed as a finished flooring
surface at or below a first-floor level which is below two feet above
the height of the one-hundred-year flood shall be made of materials
which are resistant to water damage resulting from submersion for
at least a five-day period.
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4.
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Plywood used at or below a first-floor level which is below
two feet above the height of the one-hundred-year flood shall be of
any exterior or marine grade and of a water-resistant or waterproof
variety.
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5.
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Basement ceilings in nonresidential structures shall have sufficient
wet strength and be so installed as to survive inundation.
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6.
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Window frames, door frames and door jambs used at or below a
first-floor level which is below two feet above the height of the
one-hundred-year flood shall be made of metal.
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K-1.8 Electrical systems.
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1.
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All electric water heaters, electric furnaces, air-conditioning
and ventilating systems and other critical electrical installations
shall be permitted only at elevations of two feet or more above the
height of the one-hundred-year flood.
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2.
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No electrical distribution panels shall be allowed at an elevation
less than three feet above the height of the one-hundred-year flood.
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3.
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Separate electrical circuits shall serve lower levels and shall
be dropped from above.
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K-1.9 Plumbing.
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1.
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Water heaters, oil- and gas-fired furnaces and other critical
mechanical installations shall be permitted only at elevations of
two feet or more above the height of the one-hundred-year flood, except
where the structural characteristics of an existing building make
it impractical to place such equipment in accordance with the provisions
of this subsection.
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2.
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No part of any on-site sewage disposal system shall be constructed
within the floodplain zoning districts.
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3.
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Water supply systems and sanitary sewage systems shall be designed
to preclude infiltration of floodwaters into the systems and discharges
from the systems into floodwaters.
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4.
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All gas and oil supply systems shall be designed to preclude
the infiltration of floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
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K-1.10 Paints and adhesives.
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1.
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Adhesives used at or below a lowest floor level which is below
two feet above the height of the one-hundred-year flood shall have
a bonding strength that is unaffected by inundation.
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2.
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Doors and all wood trim at or below a lowest floor level which
is below two feet above the height of the one-hundred-year flood shall
be sealed with a waterproof paint or similar product.
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3.
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Paints or other finishes used at or below a lowest floor level
which is below two feet above the height of the one-hundred-year flood
shall be capable of surviving inundation.
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K-1.11 Storage.
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1.
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No materials that are buoyant, flammable, explosive or, in times
of flooding, could be injurious to human, animal, or plant life shall
be stored below an elevation two feet above the height of the one-hundred-year
flood, except where such storage occurs within a building floodproofed
in accordance with the requirements of Subsection 1.1 of these regulations.
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2.
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Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored.
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K-1.12 Openings into buildings. The lowest opening
to all new construction and substantial improvements shall be at least
one foot above the crown of the nearest street.
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SECTION K-2
ADMINISTRATION
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K-2.1 Provided information. To ensure that the
aforementioned flood damage controls are being employed in the erection
of any building, structural addition or any substantial improvement
or alteration of any building or structure or portion thereof within
the floodplain zoning districts, the City Codes Administrator shall
provide the applicant with the approximate height of the one-hundred-year
flood at the proposed construction site and the location of the proposed
construction with regard to the same.
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K-2.2 Required information. The Codes Administrator
shall require the following specific information to be included as
part of an application for a building permit within the one-hundred-year
floodplain:
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1.
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A plan which details the size of the structure, finished ground
elevation, finished floor elevation, hydrostatic flood load on walls
and floors, condition of soil under and around foundation, types of
wall and floor construction, materials and finishes, power source
and elevations, water supply, sanitary facilities and all floodproofing
measures.
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2.
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A document certified by a registered professional engineer or
architect that adequate precautions against flood damage have been
taken with respect to the design of any building or structure and
that the plans for the development of the site adhere to the provisions
of the City Building Code, as amended.
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SECTION K-3
SPECIAL DEFINITIONS
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As used in this appendix, certain terms are defined as follows:
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FILL. The placing, storing or dumping of any material,
including but not limited to earth, clay, sand, or rubble, upon the
surface of the ground which results in increasing the natural ground
surface elevation.
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FLOODPLAIN ZONING DISTRICTS. The flood hazard areas
of the City delineated by the one-hundred-year flood and includes
the floodway, fringe, approximate floodplain and shallow floodplain.
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FLOODPROOFING. A combination of structural changes
and/or adjustments incorporated in the design and/or construction
and alteration of individual buildings, structures or properties subject
to flooding, primarily for the reduction or elimination of flood damage.
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HEIGHT OF ONE-HUNDRED-YEAR FLOOD. The highest level
of the one-hundred-year flood at a particular point or location within
the floodplain zoning districts.
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HYDRODYNAMIC LOADS. Those loads or pressures which
are primarily lateral in nature. As the floodwaters flow around a
structure at moderate to high velocities, they impose additional loads
on the structure. These loads consist of frontal impact by the mass
of moving water against the projected width of the obstruction represented
by the structure, drag effect along the sides of the structure and
eddies or negative pressures on the downstream side.
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HYDROSTATIC LOADS. Those loads or pressures, at
any point of floodwater contact with the structure, which are equal
in all directions and always act perpendicular to the surface on which
they are applied. Pressures increase in direct proportion to the depth
of headwater above the point under consideration. The summation of
pressures over the surface under consideration represents the load
acting on that surface. For structural analysis purposes, hydrostatic
loads are defined to act vertically downward on structural elements
such as roofs, decks and similar overhead members having a depth of
water above them; vertically upward, causing uplift, when they act
at the underside of generally horizontal members such as slabs and
footings, so the net effect is upward; and laterally when they act
in a horizontal direction on walls, piers and similar vertical structural
elements. It is assumed that hydrostatic conditions prevail for still
water and water moving with a velocity of less than five feet per
second.
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IMPACT LOADS. Those loads which are induced on
the structure by solid objects and masses carried by or floating on
the moving water surface. These loads are the most difficult to predict
and define with any degree of accuracy, yet reasonable allowances
must be made for these loads in the design of affected buildings and
structures. Consideration should be given to existing and potential
debris problems at the site and to the degree of exposure of the structure
in relationship to its general setting.
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ONE-HUNDRED-YEAR FLOOD The highest level of flooding
that, on the average, is likely to occur once every 100 years (i.e.,
that has a one-percent chance of occurring each year).
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STRUCTURE. Anything constructed or erected on the
ground, or attached to the ground, including but not limited to docks,
dikes, fences, mobile homes, sheds and buildings.
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SUBSTANTIAL IMPROVEMENT OR ALTERATION. Any repair,
reconstruction or improvement of a structure, the cost of which equals
or exceeds 50% of the market value of the structure either before
the improvement is started; or, if the structure has been damaged
and is being restored, the value before the damage occurred. A substantial
improvement is started when the first alteration of the structure
commences.
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SECTION K-4
VARIANCES
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K-4.1 General. If compliance with any of the requirements
of this appendix would result in an exceptional hardship to a prospective
builder, developer or landowner, the City may, upon request, grant
relief from the strict application of the requirements.
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K-4.2 Procedures. Requests for variances shall
be considered by the City in accordance with the following procedures:
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1.
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No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the one-hundred-year-flood elevation.
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2.
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Except for a possible modification of the two-foot freeboard
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by special permit or to development which may endanger human life.
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3.
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If granted, a variance shall involve only the least modification
necessary to provide relief.
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4.
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In granting any variance, the City shall attach whatever reasonable
conditions and safeguards it considers necessary in order to protect
the public health, safety, and welfare, and to achieve the objectives
of this appendix.
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5.
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Whenever a variance is granted, the City shall notify the applicant,
in writing, that:
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A.
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The granting of the variance may result in increased premium
rates for flood insurance; and
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B.
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Such variances may increase the risks to life and property.
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6.
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In reviewing any request for a variance, the City shall consider,
at a minimum, the following:
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A.
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That there is good and sufficient cause;
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B.
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That failure to grant the variance would result in exceptional
hardship to the applicant; and
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C.
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That granting of the variance will neither result in an unacceptable
or prohibited increase in flood heights, or additional threats to
public safety or extraordinary public expense, nor create nuisances,
cause fraud on, or victimize the public or conflict with any other
applicable state or local ordinances and regulations.
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7.
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A complete record of all variance requests and related actions
shall be maintained by the City. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Insurance Administration.
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K-4.3 Flood resistance. Notwithstanding any of
the above, all structures shall be designed and constructed so as
to have the capability of resisting the one-hundred-year flood.
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SECTION K-5
ZONING CODE
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Nothing herein shall be construed to repeal or supersede Chapter
7-329, Floodplain Overlay District, of the Codified Ordinances.
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[1]
Editor's Note: This ordinance also repealed former § 8-101.3,
Amendments to adopted code, as amended by Ord. Nos. 54-1990, 1-1992,
17-1994 and 9-1996.
A.
No permit as required by this code shall be issued until the fee
prescribed in this section has been paid. No amendment to a permit
shall be approved until the additional fee, if any, due to an increase
in the estimated cost of the construction or alteration has been paid.
B.
For a permit for the construction, alteration or repair of any building
or structure, there shall be a permit fee. The permit fee shall be
at the rate of $50 for the first $1,000 of estimated cost, and $8
for each $1,000 of estimated cost exceeding $1,000. The fee for a
renewal of a permit shall be equal to 1/2 of the original permit fee.
[Ord. No. 17-1994; amended 11-12-2002 by Ord. No. 25-2002; 6-11-2013 by Ord. No.
8-2013]
C.
For a permit for the removal of a building or structure from one
lot to another or to a new location within the same lot, the fee shall
be $100, plus $5 per $1,000 of the estimated cost of new foundation
and of work necessary to put the building or structure in usable condition
in its new location.
D.
For a permit for the demolition of a building or structure, the fee
shall be at the rate of $40 for the first $1,000 of the estimated
cost and an additional $30 for each additional estimated cost of $1,000.
[Amended 11-12-2002 by Ord. No. 25-2002; 6-11-2013 by Ord. No.
8-2013]
E.
In cases of abandonment or discontinuance, the cost of work performed
under a permit shall be estimated, an adjustment of the fee made and
the portion of the fee for uncompleted work returned to the permit
holder, provided that no refund of a prescribed minimum fee shall
be made. If discontinuance is due to the lawful revocation of a permit,
a similar adjustment and return shall be made. No refund shall be
made until all penalties lawfully incurred or imposed have been collected.
After a refund has been made, work shall not be resumed until a new
application has been made and a new permit has been issued.
F.
The term "estimated cost," as used in this section, means the reasonable
value of all services, labor, materials, and use of scaffolding and
other appliances or devices for entering into and necessary to the
execution and completion of the work so that the building or structure
is readily usable, provided that the cost of excavation or grading
and of painting, decorating or other work that is merely for embellishment
or not necessary for the safe and lawful use of the building or structure
is not deemed a part of such estimated cost.
G.
If work has been performed prior to the application for a building
permit required by this code being filed, the applicant shall pay
an administrative fee equal to the amount charged for a permit to
cover costs for review and inspection of work already performed.
[Ord. No. 17-1994]
Whenever any provision or requirement of the Commonwealth Department
of Labor and Industry is more stringent or stricter than a provision
or requirement of the City Building Code, the applicable provision
or requirement of the regulations of the Department of Labor and Industry
shall supersede any such provision or requirement of the Building
Code.
[Ord. No. 52-1991]
A.
Prior to receipt of a building permit, any new developer who is mandated
by law to submit a stormwater management plan to the City shall apply
for approval of the same to the City Engineer.
B.
No building permit shall be issued without said plan receiving the
final approval of the City Engineer.
C.
This requirement is in addition to and not a substitute for any other
conditions currently imposed by law upon the issuance of said building
permit.
[Ord. No. 15-1995]
Any person, firm, corporation, association or other entity who is aggrieved with the ruling, decision, or action of any department, bureau, or division of the City in regard to the administration or enforcement of this code may appeal the ruling, decision or action complained of to the Building and Housing Code Board of Appeals in the manner and in accordance with the procedures set forth in Chapter 8-501.
[Ord. No. 17-1994; amended 9-23-2003 by Ord. No. 25-2003]
A.
Any person, whether individually or as a member or employee of a
partnership, or any officer, agent or employee of a corporation who
directs or knowingly permits any violation of any of the provisions
of the sections of this Building Code, or who aids or assists therein,
either on his/her own behalf or in the interests of his/her employer
or principal, or who fails to comply with any order made thereunder,
or who builds in violation of any detailed statement of specifications
or plans submitted and approved in accordance with this code or any
certificate of approval issued thereto and from which no appeal has
been taken, or who fails to comply with such order as affirmed or
modified by the City shall, upon conviction thereof, severally and
for each violation and noncompliance, respectively, be fined not less
than $50 nor more than $1,000, plus costs, or shall be imprisoned
in the Dauphin County Prison for not more than 90 days for each separate
violation, or both. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all persons
required to do so shall correct and remedy violations or defects within
a reasonable time, and, when not otherwise specified, each five days
that the prohibited conditions are maintained shall constitute a separate
offense.
[Amended 4-9-2013 by Ord. No. 3-2013]
B.
The
application of the above penalty shall not prevent the enforced removal
of the prohibited conditions or device, or any other remedy at law
or equity available to the City for enforcement of this chapter.
