Borough of East Stroudsburg, PA Part 4 Uniform Construction Codes

[Added 5-4-2004 by Ord. No. 1150, approved 5-4-2004]

Article X Adminstration and Enforcement

§ 73-33 Election to administer and enforce.

The Borough of East Stroudsburg hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of l999, 35 P.S. §§ 72l0.101 through 7210.1103, as amended from time to time, and its regulations.

§ 73-34 Adoption and incorporation of standards.

[Amended 5-21-2019 by Ord. No. 1345, approved 5-21-2019]

A. The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of this municipality. The UCC Administration and Enforcement regulation has adopted the following codes for use throughout the Commonwealth of Pennsylvania, effective 10-1-2018, and as a result, those codes are adopted by the Borough of East Stroudsburg:

(1) International Building Code 2015 (code for all buildings and structures not regulated by the International Residential Code):

(a) Chapter 1 is not adopted (most of its requirements are incorporated in Chapter 403 of the UCC regulation).

(b) Chapter 27 (Electrical) requires that all electrical components, equipment and systems in buildings and structures covered by the IBC comply with the requirements of NFPA 70-2014, National Electric Code.

(2) International Energy Conservation Code 2015.

(3) International Existing Building Code 2015.

(4) International Fire Code 2015.

(a) Adopted only to the extent referenced in Chapter 35 of the International Building Code 2015.

(5) International Fuel Gas Code 2015.

(a) Any LPG requirements are superseded by the requirements of Pennsylvania's Propane and Liquefied Petroleum Gas Act[1] (and regulations).

[1] Editor's Note: See 35 P.S. § 1329.1 et seq.

(6) International Mechanical Code 2015.

(7) International Performance Code for Buildings and Facilities 2009 (provides alternative compliance approach).

(8) International Plumbing Code 2015.

(9) International Residential Code 2015 (code for one- and two-family dwellings no more than three stories in height).

(10) International Wildland-Urban Interface Code 2015 (supplementary requirements that may be used to mitigate fire and life-safety hazards in unique wildland areas).

§ 73-35 Administration and enforcement methods.

Administration and enforcement of the code within this municipality shall be undertaken in any of the following ways as determined by the governing body of this municipality from time to time by resolution:

A. By the designation of an employee of the municipality to serve as the municipal code official to act on behalf of the municipality.

B. By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality.

C. By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement.

D. By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this municipality.

E. By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.

§ 73-36 Board of Appeals.

A Board of Appeals shall be established by resolution of the governing body of this municipality in conformity with the requirements of the relevant provisions of the code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.

§ 73-37 Effect on other regulations.

A. All building code ordinances or portions of ordinances which were adopted by this municipality 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 part and whose requirements 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 policies of this municipality not governed by the code shall remain in full force and effect.

§ 73-38 Fees.

Fees assessable by the municipality for the administration and enforcement undertaken pursuant to this part and the code shall be established by the governing body by resolution from time to time.