[HISTORY: Adopted by the Board of Supervisors
of the Township of East Hempfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted by Ord. No. 2-19-1997B]
[Amended 1-20-2010 by Ord. No. 2010-02; 5-7-2014 by Ord. No.
2014-03; 11-7-2018 by Ord. No. 2018-07]
The Township of East Hempfield hereby adopts the 2014 edition
of the National Electric Code; the 2015 editions of the International
Building Code (including Appendix H - Signs); International Residential
Building Code (including Appendix F - Passive Radon Control Methods
and Appendix H - Patio Covers); International Plumbing Code; International
Swimming Pool and Spa Code; International Mechanical Code; International
Existing Buildings Code; International Property Maintenance Code;
and the 2018 editon of the International Building Code as to Chapter
11 (Accessibility) only, except for such portions as are hereinafter
modified, copies of which codes have been filed with the Township
Secretary at least 10 days before the date hereof and which will be
maintained with the Ordinance Book and be available for public use,
inspection and examination, and the same are hereby adopted and incorporated
as fully as if set forth herein. From the date on which this article
shall take effect, the provisions of each such code shall be controlling
in the construction of all buildings and structures, and in all other
subjects therein contained, within East Hempfield Township.
The said codes referred to in § 130-1 are all modified as follows:
A.
In each case, the term "municipality" or "name of
jurisdiction" shall mean "East Hempfield Township."
B.
In each case, the term "legal officer" or "legal representative"
shall mean the "East Hempfield Township Solicitor."
C.
In each case, the reference to "building official/code
enforcement officer" shall mean the code enforcement or similar officer
appointed from time to time by the Board of Supervisors of East Hempfield
Township.
D.
In each case, the reference to "deputy" shall mean
such person or persons as are appointed from time to time by the Board
of Supervisors to assist or act in the place of the code enforcement
officer.
E.
In each case, the fees to be charged by East Hempfield
Township for permits, plan reviews and inspections shall be fixed
from time to time by resolution by the Board of Supervisors of East
Hempfield Township.
F.
In each case, the applicable section of the code on
enforcement of violations and on penalties shall be as provided for
under the terms of the Second Class Township Code, as amended from
time to time.
The Township of East Hempfield hereby restates
its previous adoption of the accessibility guidelines published by
the United States Architectural and Transportation Barriers Compliance
Board. As to those buildings and uses which are subject to the Americans
With Disabilities Act of 1990 or the accessibility guidelines for
buildings and facilities published by the United States Architectural
and Transportation Barriers Compliance Board, the Township of East
Hempfield hereby readopts the accessibility guidelines as those guidelines
were published in page 35455 et seq., of Volume 56, No. 144 of the
Federal Register, dated Friday, July 26, 1991.
In all matters that are regulated by the laws
of the Commonwealth of Pennsylvania or the United States, or by regulations
of departments or agencies of the commonwealth or the United States
promulgated by authority of law, such laws or regulations, as the
case may be, shall control where the requirements thereof are the
same as or in excess of the provisions of this article. The code shall
control in all cases where the state or federal requirements are not
as strict as those contained in this article.
The board of appeals for each code shall consist
of five members appointed by the Board of Supervisors as follows:
One for five years, one for four years, one for three years, one for
two years and one for one year. Thereafter, each new member will serve
for five years or until a successor has been appointed. Each member
shall have an interest in, as demonstrated by educational or work
background, the building or construction industry, fire prevention
or architectural, engineering or similar professional services intended
to be furnished to the construction or building industry. At least
three of the five members shall have work experience within the building
or construction industry. Further, it is desirable but not required
that at least one member be a paid or volunteer firefighter. There
shall be no compensation for the appeals boards' members. In all other
respects, the provisions of each code regarding appeals procedures
shall govern.
The Board of Supervisors hereby appoints the
East Hempfield Township Building Official and Assistant Building Official
as the enforcement officer, code official and building official designated
under the various codes. Such appointment may be changed from time
to time by resolution by the Board of Supervisors.
The Board of Supervisors may establish fees
and modify such fees from time to time for permits, plan reviews and
inspections by resolution.
[1]
Editor's Note: A current fees schedule is on file in the Township
office.
The provisions of this article so far as they
are the same as those of ordinances and/or codes in force immediately
prior to the enactment of this article are intended as a continuation
of such ordinances and codes and not as new enactments. The provisions
of this article shall not affect any act done or liability incurred,
nor shall they affect any suit or prosecution pending or to be instituted
to enforce any right or penalty or to punish any offense under the
authority of any of the repealed ordinances.
This article shall be effective five days after
its adoption, provided that the 1992 CABO and the 1993 BOCA versions
of those respective codes continue to be effective with respect to
the steps and riser requirements as to those properties located within
the R-2 High Density District which have received final plan approval
and which are substantially completed as of the date of this article.[1]
[1]
Editor's Note: See also § 270-16,
High Density Residential Zone (R-2).
[Adopted 6-16-2004 by Ord. No. 04-03]
The Township of East Hempfield hereby elects
to administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, as amended from time to time, and its regulations.
[Amended 11-19-2008 by Ord. No. 2008-09; 1-20-2010 by Ord. No.
2010-02]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 to 405, as amended from time to time, (sometimes hereinafter referred
to as the "code") is hereby adopted and incorporated herein by reference
as the municipal building code of East Hempfield Township with the
amendments and insertions contained herein and to include the provisions
of the 2009 editions of the International Building Code (including
Appendix G – Flood-Resistant Construction, and Appendix H –
Signs); International Residential Building Code (including Appendix
F – Radon Control Methods, Appendix G – Swimming Pools,
Spas and Hot Tubs, and Appendix H – Patio Covers); International
Plumbing Code; International Mechanical Code; International Fuel Conservation
Code; International Existing Buildings Code; International Fire Code;
International Energy Conservation Code and International Property
Maintenance Code.
The administration and enforcement of the uniform
code within East Hempfield Township shall initially be undertaken
by designating employees of the Township to serve as the building
code official and construction code official and by retaining third-party
agencies to act on behalf of the Township of East Hempfield.
The method of administration and enforcement of the code may be amended from the methods described in § 130-13 to include any of the following methods if a resolution is adopted by the Board of Supervisors to amend the method of administration and enforcement.
The existing East Hempfield Township BOCA Appeals
Board shall be renamed as the UCC Appeals Board.
A.
The membership of the UCC Appeals Board shall consist
of the same members as the BOCA Appeals Board until such time as new
members are appointed from time to time by the Board of Supervisors.
B.
The UCC Appeals Board shall operate in accordance
with §§ 403.121 and 403.122 of Chapter 403 of 34 Pa.
Code.
A.
Section 403.46(b) of Chapter 403 of 34 Pa. Code is
hereby amended to the extent that it applies to East Hempfield Township
to read as follows:
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(b)
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A building code official shall issue a certificate
of occupancy within five business days after receipt of a final inspection
report that indicates compliance with the Uniform Construction Code,
the Zoning Ordinance, and the Subdivision and Land Development Ordinance
of East Hempfield Township. The certificate of occupancy shall contain
the following information.
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B.
Section 403.43(d) of Chapter 403 of 34 Pa. Code is
hereby amended to the extent that it applies to East Hempfield Township
to read as follows:
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(d)
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The Building Code Official may not issue a permit
for any property requiring access to a highway under the Department
of Transportation's jurisdiction unless the permit contains notice
that a highway occupancy permit is required under Section 420 of the
State Highway Law (36 P.S. § 670-420) before driveway access
to a commonwealth highway is permitted.
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The Building Code Official shall not issue a
permit for a project which involves the initial connection of a building
sewer to the public sewer system in advance of a sewer connection
permit being issued by the Sewer Authority. Furthermore, the building
code official may not issue a permit for a project which will need
a permit to construct and operate an individual or community on-lot
sewage disposal system unless a permit has been issued for such system
installation and operation.
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C.
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 for all of the following:
[Added 11-19-2008 by Ord. No. 2008-09]
(1)
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.
(2)
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.
(3)
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:
(a)
Replacement of windows and doors when there is no change in the size
of the existing opening.
(b)
Reroofing, unless structural members or 65 square feet or more of
the roof sheathing must be replaced or repaired.
(c)
Replacement of water heater, boiler, furnace or the replacement of
any part of a water heater, boiler or furnace with the same efficiency
rating, electrical and plumbing requirements.
(d)
Addition, repair 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 a lighting fixture, an appliance switch or receptacle
with a switch or receptacle which is the same or has a like rating.
(g)
The addition of one light fixture, 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, or of any drain or venting device.
D.
Key lock
box requirement. Section 506.1 of the International Fire Code, 2006
Edition, is hereby deleted and the following is added:
[Added 10-21-2009 by Ord. No. 2009-07]
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Section 506.1 Where required. The following structures,
constructed after January 1, 2010, shall be equipped with a key lock
box at or near the main entrance or such other location required by
the Building Code Official:
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(1) Commercial or industrial structures protected by an automatic
alarm system or automatic suppression system;
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(2) Multifamily residential structures that have restricted
access through locked doors and have a common corridor for access
to the living units.
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All applicable structures existing as of January 1, 2010, shall
only be subject to the terms of this subsection upon the completion
of renovations, alterations or additions to the structure. In which
case, these structures shall have the key lock box installed and operational
prior to the issuance of an occupancy permit.
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The Building Code Official shall designate the type of key lock
box system to be implemented within the Township and shall have the
authority to require all regulated structures to use the designated
system.
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The owner or operator of a structure required
to have a key lock box shall, at all times, keep a key in the lock
box that will allow for access to the structure.
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A.
All building code ordinances or portions of ordinances
which were adopted by East Hempfield Township on or before July 1,
1999, and which equal or exceed the requirements of the code shall
continue in full force and effect until such time as such provisions
fail to equal or exceed the minimum requirements of the code, as amended
from time to time.
B.
All building code ordinances or portions of ordinances
which are in effect as of the effective date of this article and the
requirements of which are less than the minimum requirements of the
code are hereby amended to conform with the comparable provisions
of the code.
C.
All relevant ordinances, regulations and polices of
the Township of East Hempfield not governed by the code shall remain
in full force and effect.
A.
Fees assessable by East Hempfield Township for the
administration and enforcement undertaken pursuant to this article
and the code shall be established by the Board of Supervisors by resolution
from time to time.
