[HISTORY: Adopted by the Borough Council of the Borough of Irwin 5-12-2004 by Ord. No. 861 (Ch. 5, Part 8, of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 105.
[Amended 5-12-2004 by Ord. No. 864; 9-12-2018 by Ord. No. 972; 3-9-2022 by Ord. No. 1000-2022]
The Borough of Irwin hereby adopts the 2018 Uniform Construction Code, as amended and specifically set forth in 34 Pa. Code § 403.21, and as further designated and defined by the Pennsylvania Construction Code Act (hereinafter referred to as the "Act"), and pursuant to the regulations promulgated by the Department of Labor and Industry thereunder (34 Pa. Code, Chapters 401 to 405), as amended and supplemented from time to time, as the Borough of Irwin Building Code. The 2018 International Property Maintenance Code is also hereby adopted.
[Amended 9-12-2018 by Ord. No. 972]
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 Borough of Irwin."
B. 
The International Building Code § 1612.3, insert "October 4, 1995" as date of issuance.
C. 
The International Building Code § 3412.2, insert: "June 1, 2004."
D. 
International Mechanical Code § 106.5.2, insert: "as set forth in a separate resolution adopted by the Borough of Irwin Council."
E. 
International Mechanical Code § 106.5.3(2) and (3), insert: "0%."
F. 
International Mechanical Code § 108.4, insert "summary offense" in the [specific offense] portion, and insert "$1,000" for the amount of fine, and insert "30 days" for the term of imprisonment.
G. 
International Mechanical Code § 108.5, insert: "a fine of not less than $300 or more than $1,000."
H. 
International Fuel Gas Code § 106.2, insert: "as set forth in a separate resolution adopted by the Borough of Irwin Council."
I. 
International Fuel Gas Code § 106.6.3(2) and (3), insert: "0%."
J. 
International Fuel Gas Code § 108.4, insert "summary offense" in the [specific offense] portion, and insert "$1,000" for the amount of fine, and insert "30 days" for the term of imprisonment.
K. 
International Fuel Gas Code § 108.5, insert: "not less than $300 or more than $1,000."
L. 
International Plumbing Code § 106.6.2, insert: "as set forth in a separate resolution adopted by the Borough of Irwin Council."
M. 
International Plumbing Code § 108.4, insert "summary offense" in the [specific offense] portion, and insert "$1,000" for the amount of fine, and insert "30 days" for the term of imprisonment.
N. 
International Plumbing Code § 106.6.3(2) and (3), insert: "0%."
O. 
International Plumbing Code § 108.5, insert: "not less than $300 or more than $1,000."
P. 
International Plumbing Code § 305.6.1, insert: "40 inches" in both locations.
Q. 
International Plumbing Code § 904.1, insert: "24 inches."
R. 
International Residential Code For One- and Two-Family Dwellings Table R 301.2(1), insert the following:
(1) 
Ground snow load: 40 lbs.
(2) 
Wind speed (mph): 90.
(3) 
Seismic design category: D1.
(4) 
Weathering: severe.
(5) 
Frostline depth: 36 inches.
(6) 
Termite: moderate to heavy.
(7) 
Decay: slight to moderate.
(8) 
Winter design temperature: 5° F.
(9) 
Ice shield underlayment: Yes.
(10) 
Flood hazard: Map dated October 4, 1995.
(11) 
Air freezing index: 1,000.
(12) 
Mean annual temperature: 25° F.
S. 
International Residential Code § P2603.6.1, insert: "40 inches" in both places.
T. 
International Residential Code § P3103.1, insert: "24 inches" in both places.
U. 
International Fire Code § 109.3, insert "summary offense" in the [specific offense] portion, and insert "$1,000" for the amount of fine, and insert "30 days" for the term of imprisonment.
V. 
International Fire Code § 111.4, insert: "$300" and "$1,000."
W. 
International Fire Code §§ 3404.2.9.6.1, 3406.2.4.4, 3506.2 and 3804.2, insert: "Any area mapped on the current FEMA flood mapping as a flood area (maps are dated October 4, 1995)."
X. 
International Existing Building Code § 1201.2, insert: "June 1, 2004."
A. 
The Borough of Irwin hereby elects to administer and enforce the provisions of §§ 110-1 through 110-4 of this chapter, the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210-101 to 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 Borough of Irwin shall be undertaken in any of the following ways, as determined by appropriate action of the Borough of Irwin Council from time to time by adoption of a resolution:
(1) 
Designating an employee of the Borough to serve as the municipal code official to act on behalf of the Borough.
(2) 
Retaining one or more construction code officials or third-party agencies to act on behalf of the Borough.
(3) 
Entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement for 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 Borough of Irwin may also be undertaken by 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.
A. 
Pursuant to 35 P.S. § 7210.501(c) and 34 Pa. Code § 403.121, the Borough of Irwin 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 Borough of Irwin.
(3) 
Members of the Borough of Irwin's governing body and its code administrators may not serve on the Board of Appeals.
(4) 
The Borough of Irwin may fill a position on the Board of Appeals with a qualified person who resides outside of the Borough of Irwin when it cannot find a person within the Borough of Irwin who satisfies the requirements of this section.
C. 
The Borough shall, by separate resolution, appoint the initial members to the Board of Appeals, who shall serve on an annual basis. After the initial appointment to the Board of Appeals, the Borough shall annually, at its reorganization meeting, appoint members to said Board of Appeals.
D. 
The Borough may, at any time, establish a joint board of appeals through an intermunicipal agreement pursuant to 53 Pa.C.S.A. §§ 2301 to 2315 (relating to intergovernmental cooperation).
All ordinances, resolutions, regulations and policies of the Borough of Irwin not affected, modified or repealed by this chapter, the code, act or regulations shall remain in full force and effect.
The Borough of Irwin hereby imposes and assesses fees and costs for the administration and enforcement of said code, act, regulations and this chapter, which fees and costs shall be established by the Borough of Irwin Council by resolution from time to time.
Any person, firm or corporation that violates any of the provisions of this chapter, 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 Borough in enforcement of said violation. Each day that a violation exists and continues shall be a separate violation.
This chapter shall be effective June 1, 2004.