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Borough of Forty Fort, PA
Luzerne County
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[Ord. 2006-13, 12/18/2006, § 1]
1. 
By Act 45 of 1999, 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. The Department of Labor and Industry issued final regulations for administration of the Uniform Construction Code on January 10, 2004, which required all municipalities within the Commonwealth to determine whether the municipality would elect to administer and enforce the Uniform Construction Code by enacting an ordinance on or before July 8, 2004. On June 7, 2004, the Council Members enacted Ord. 2004-5, the Borough of Forty Fort Construction Code Ordinance [Part 1A].
2. 
The Borough of Forty Fort Construction Code Ordinance incorporated Department of Labor and Industry regulations which required permits for accessory structures exceeding 500 square feet and for numerous specifically identified repairs and alterations of residential structures. By Act 92 of 2004, which was signed in the Pennsylvania House and Pennsylvania Senate on July 4, 2004, the Legislature amended Act 45 of 1999, to completely exempt accessory residential structures and repairs to residential buildings and alterations to residential buildings which do not make structural changes or changes to means of egress. Act 92 of 2004, authorized municipalities to enact ordinances to require permits for such structures, repairs, and alterations. The Council Members desire to amend the Borough of Forty Fort Construction Code Ordinance to require permits for certain accessory structures and certain repairs and alterations.
[Ord. 2006-13, 12/18/2006, § 2]
1. 
The Borough of Forty Fort Construction Code Ordinance, Ord. 2004-5, Administration and Enforcement of the Borough of Forty Fort Construction Code, is hereby amended by adding a section which shall provide as follows:
A. 
In addition to all types of construction, placement of structures, repairs and alterations for which the Uniform Construction Code requires a permit, the Borough, pursuant to the authorization of Act 92 of 2004, shall require persons to obtain permits under the Borough of Forty Fort Construction Code for all of the following:
(1) 
The construction, erection, or placement of any accessory structure which is equal to or greater than 120 square feet, whether or not such accessory structure is connected to any utility.
(2) 
The construction, erection, or placement of any accessory structure which is less than 120 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.
(3) 
All alterations or repairs to residential building 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.
(a) 
Replacement of windows and doors when there is no change in the size of the existing opening.
(b) 
Re-roofing of less than 25% of the total existing roof square footage.
(c) 
The replacement of any minor part of a water heater, boiler or furnace that does not alter the equipment; make such equipment unsafe, or change the efficiency rating, electrical and plumbing requirements.
(d) 
Addition or replacement of siding on the exterior of the residential structure.
(e) 
Repair or replacement of any nonstructural portion of a deck, porch or stoop.
(f) 
Replacement of an appliance switch or receptacle with a switch or receptacle which is the same or has a like rating.
(g) 
The addition of one appliance switch or receptacle.
(h) 
The repair or replacement of any nonstructural member.
(i) 
The repair or replacement of any sink, toilet, tub, shower or similar plumbing fixture without relocation of any drain or venting device.
[Ord. 2006-13, 12/18/2006, § 5]
This Part shall take effect and be in force immediately after its approval by Pennsylvania Department of Labor and Industries, subsequent to enactment by the Council Members of the Borough of Forty Fort as provided by law.