[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy 6-22-2004 by Ord. No. 2-04. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Mount Joy
Borough Construction Code Ordinance."
By Act 45 of 1999,[1] 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 governing certification and training of persons to administer
the Uniform Construction Code, and on January 10, 2004, the Department
issued final regulations for the administration of the Uniform Construction
Code. The Uniform Construction Code incorporates the International
Building Code/2003, the International Residential Code/2003, the International
Existing Building Code/2003, the standards incorporated into such
publications by reference, and other publications as set forth in
the L & I Regulations. Council desires to adopt and administer
the Pennsylvania Uniform Construction Code and establish administrative
and enforcement regulations.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[Amended 1-8-2007 by Ord. No. 1-07]
The Borough hereby adopts the standards which the Pennsylvania
Department of Labor and Industry has adopted as the Pennsylvania Uniform
Construction Code identified in Section 403.21 of the L & I Regulations,
as such regulations and standard codes adopted by such regulations
may be amended from time to time, as the Mount Joy Borough Construction
Code, with the following additions to the International Building Code/2006
or such future edition of the International Building Code as may be
adopted from time to time:
A.
BOROUGH
BUILDING CODE OFFICIAL
CONSTRUCTION CODE OFFICIAL
COUNCIL
DEP
INTERMUNICIPAL AGREEMENT
JOINT APPEALS BOARD
L & I
L & I REGULATIONS
PENNSYLVANIA CONSTRUCTION CODE ACT
THIRD-PARTY AGENCY
UNIFORM CONSTRUCTION CODE
Section 202, Definitions, shall be amended by inserting the following
definitions in alphabetical order:
The Borough of Mount Joy, Lancaster County, Pennsylvania.
A Borough official certified by L & I under Section 103
of the Pennsylvania Construction Code Act.[1] The term includes an individual certified in a category
established under Chapter 401 of the L & I Regulations to manage
building code enforcement activities, supervise building inspectors
or plans examiners, issue building permits, occupancy permits, notice
of violations and orders to vacate, and initiate prosecutions.
A Borough official or a third-party agency appointed by the
Borough certified by L & I under Section 103 of the Pennsylvania
Construction Code Act[2] in an appropriate category established under Section 701(b)
of the Pennsylvania Construction Code Act[3] to perform plan review of construction documents, inspect
construction or administer and enforce codes and regulations in that
category under the Pennsylvania Construction Code Act or related statutes.
The governing body of the Borough.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The agreement among Mount Joy Borough, Manheim Borough, Penn
Township and Rapho Township, establishing the Mount Joy Borough, Manheim
Borough, Penn Township and Rapho Township Joint Appeals Board.
The Board of Appeals created by the intermunicipal agreement.
The Department of Labor and Industries of the Commonwealth
of Pennsylvania.
All regulations adopted by L & I to implement the Pennsylvania
Construction Code Act.
Act 45 of 1999, 35 P.S. § 7210.101 et seq., as
amended.
A person or firm duly appointed by Council to act as the
Construction Code Official in the administration of this Construction
Code.
The code adopted pursuant to the Pennsylvania Construction
Code Act and the L & I Regulations.
B.
Section 1612.3 is amended by inserting "Mount Joy Borough" and "April
19, 2005," in the respective blanks.
C.
Section 3410.2 is amended by inserting the date of July 26, 1976,
for residential dwellings and July 26, 1976, for nonresidential structures.
The Borough hereby adopts the provisions of Chapter 1, Administration, of the International Building Code/2003 and the provisions of the L & I regulations set forth below to govern administration and enforcement of the Mount Joy Borough Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the codes set forth in Section 403.21 of the L & I Regulations or the L & I Regulations relating to administration or enforcement. Changes from the International Building Code/2003, Chapter 1 (IBC), and the L & I Regulations to the Mount Joy Borough Construction Code are as follows:
A.
IBC Section 101.1: insert "Borough of Mount Joy, Lancaster County,
Pennsylvania."
B.
IBC Section 101.2 shall provide as follows:
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101.2 Scope. These regulations shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of all buildings and structures and shall apply to existing or proposed structures except as such matters are otherwise provided for in other ordinances or statutes, including but not limited to Chapter 270, Zoning, Chapter 240, Subdivision and Land Development, Chapter 226, Stormwater Management, or in the rules and regulations authorized for promulgation under the provisions of this Construction Code. Whenever there is a conflict between the provisions of this Construction Code and any other Borough ordinance, including but not limited to Chapter 270, Zoning, it is the intent of Council that the more stringent requirement shall apply. All construction which the Pennsylvania Construction Code Act or the L & I Regulations exempt from compliance with the Uniform Construction Code are exempt from the provisions of this Construction Code. Items exempted from compliance with the Uniform Construction Code by Sections 403.1(b) and 403.1(e) of the L & I Regulations do not have to comply with the Construction Code but shall comply with all other applicable Borough ordinances.
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C.
IBC Section 101.3 shall be amended by adding the following sentence
to the existing section:
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It is the further intent of Council that all construction within
the Borough shall comply with the provisions of the Americans with
Disabilities Act and all applicable regulations to implement the Americans
with Disabilities Act promulgated by federal and state regulatory
agencies and with the code requirements for housing accessibility,
and this code shall be interpreted in a manner which fulfills this
intent. It is also the further intent of Council to comply with the
requirements of the Pennsylvania Construction Code Act and the L &
I Regulations.
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D.
IBC Section 101.4.5 shall be deleted in its entirety.
E.
IBC Section 103, Department of Building Safety, shall be deleted
in its entirety, and a new IBC Section 103, Administration, shall
be inserted, which shall provide as follows:
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103.1 Building Official. Council shall appoint
a person or persons to serve as a Building Code Official and a Construction
Code Official as those terms are defined in the L & I Regulations.
Both the Building Code Official and the Construction Code Official
shall be considered the Building Official as such term is defined
and used in this Construction Code.
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103.2 Powers and duties of Building Code Official and
Construction Code Official. The Building Code Official shall
have all powers set forth in the L & I Regulations and shall have
the powers and duties of the Building Official set forth in this Construction
Code. The Construction Code Official shall have the powers set forth
in the L & I Regulations and may also have the powers of the Building
Official set forth in this Construction Code. The respective duties
and responsibilities of the Building Code Official and the Construction
Code Official shall be determined by Council and shall be within the
limitations of any certifications required or issued by L & I.
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103.2.1 The Building Code Official shall serve
at the pleasure of Council. The Building Code Official shall provide
supervision of the Construction Code Official, receive Construction
Code permit applications, address citizen inquiries, concerns and
complaints, issue Construction Code permits and occupancy permits,
and manage code enforcement activities, including but not limited
to issuing notice of violations and orders to vacate, and initiation
of prosecutions.
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103.2.2 The Construction Code Official shall serve
at the pleasure of Council. The Construction Code Official shall perform
plan review of construction documents, issue Construction Code permits,
inspect construction, provide the Building Code Official with reports
of inspections and recommendations upon issuance of certificates of
occupancy, and administer and enforce this Construction Code. The
Construction Code Official may be a third-party agency.
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103.3 Organization. Council shall appoint such
other officers, technical assistants, inspectors and other employees
as shall be necessary for the administration of this Construction
Code.
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F.
IBC Section 104.4 shall be amended by inserting the following language
after the first sentence:
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The Building Official shall have the right to reject any report
performed by any individual or agency, unless the permit holder has
requested and obtained the prior approval of the Building Official
for such individual or agency to perform such inspection. Any individual
or agency performing such inspection and providing such report shall
demonstrate to the satisfaction of the Building Official that such
individual or agency has obtained all necessary certifications from
L & I.
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H.
IBC Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter 1 of the International Building Code/2003 shall not be a part of the Borough Construction Code. The Borough hereby adopts and incorporates Sections 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L & I Regulations to govern applications for and issuance of Construction Code permits for nonresidential and residential construction, with the changes set forth below:
(1)
L & I Regulations Sections 403.42(a) and 403.62(a) shall be amended
by inserting the following at the end of the existing sections:
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It shall be the joint responsibility of the owner, lessee, if
any, and the contractor to determine that a Construction Code permit
(and all other required permits and approvals) has been obtained before
performing any work. It shall be unlawful for any contractor or subcontractor
to perform any work for which a Construction Code permit is required
unless the owner and contractor obtain and post a Construction Code
permit as required by this Construction Code.
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(2)
L & I Regulations Sections 403.42a(b) and 403.62a(b) shall be
amended by inserting the following at the end of the existing sections:
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At the time of filing an application for a Construction Code
permit, the applicant shall present to the Building Code Official
adequate evidence that the applicant has obtained, from all governmental
authorities having jurisdiction, all permits, licenses, approvals
and/or variances required in connection with the proposed use, occupancy,
construction, enlargement, alteration or demolition. Such agencies
shall include but not be limited to the Zoning Officer, Zoning Hearing
Board, Borough Historic Commission, Lancaster County Conservation
District, State Police, Fire Marshal, DEP, L & I, and the Pennsylvania
Departments of Community and Economic Development and Transportation.
No application for a Construction Code permit is complete without
a copy of any required zoning permit and proof of any required subdivision
and/or land development approval, stormwater management plan approval.
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(3)
L & I Regulations Sections 403.43(h) and 403.63(h) shall be amended
by inserting the following at the end of the existing sections:
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The applicant shall post a copy of the Construction Code permit
at a location on the property clearly visible to members of the public.
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I.
A new IBC Section 108.1.2 shall be inserted, which shall provide
as follows:
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108.1.2 Time of payment of fees. Applicants for
permits under this Construction Code shall pay to the Borough at the
time of application all fees established for the review of the application
and plans. Prior to the issuance of a Construction Code permit, applicants
shall pay to the Borough the estimated fees for all inspections required.
If additional inspections become necessary during the course of construction,
applicants shall reimburse the Borough for all such costs within 15
days after the date of an invoice for such costs. Applicants shall
pay to the Borough costs incurred for all inspections required during
the course of construction prior to the issuance of a certificate
of use and occupancy for the structure for which a Construction Code
permit has been issued.
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J.
IBC Section 108.4 shall be revised to provide:
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108.4 Work commencing before permit issuance. Any
person who commences any work on a building, structure or electrical,
gas, mechanical or plumbing system before obtaining the necessary
Construction Code permits shall be subject to an additional fee for
expedited processing, which shall be equal to the fee which should
have been paid at permit application. The expedited processing fee
shall be paid in full, in addition to the normal application fee,
prior to the issuance of a Construction Code permit.
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K.
IBC Section 108.6 shall be deleted in its entirety.
L.
Sections 109.3, 109.4, 109.5, and 109.6 of the International Building
Code/2003 shall be deleted, and the Borough hereby adopts Sections
403.45, 403.64, and 403.86 of the L & I Regulations governing
inspections, with the changes set forth below:
(1)
L & I Regulations Section 403.64(g) shall be deleted in its entirety.
M.
IBC Section 110, Certificate of Occupancy, of the International Building
Code/2003 is deleted. The Borough adopts Sections 403.46 and 403.65
of the L & I Regulations governing certificates of occupancy.
Sections 403.46 and 403.65 of the L & I Regulations are amended
as follows:
(1)
L & I Regulations Section 403.46(b) is amended by adding the
following subsections:
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(10)
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A statement that the issuance of a certificate of occupancy
shall not be deemed permission to occupy the structure or commence
a use if any other ordinance requires the issuance of a permit or
certificate prior to use and occupancy.
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(2)
L & I Regulations Section 403.65(b) is amended by adding the
following subsections:
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(9)
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A statement that the issuance of a certificate of occupancy
shall not be deemed permission to occupy the structure or commence
a use if any other ordinance requires the issuance of a permit or
certificate prior to use and occupancy.
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N.
IBC Section 112, Board of Appeals, shall be amended in its entirety
to provide as follows:
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112.1 Board of Appeals. The Borough hereby appoints
the Joint Appeals Board as the Board of Appeals under the Mount Joy
Borough Construction Code. Members of the Joint Appeals Board shall
be selected in accordance with the intermunicipal agreement.
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112.2 Authority of Board of Appeals. The Board
of Appeals shall hear and rule on appeals, requests for variances
and requests for extensions of time. An application for appeal shall
be based on a claim that the true intent of the Pennsylvania Construction
Code Act or Uniform Construction Code has been incorrectly interpreted,
the provisions of the Pennsylvania Construction Code Act or Uniform
Construction Code do not fully apply or an equivalent form of construction
is to be used.
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112.3 Membership of Board of Appeals. A member
of the Board of Appeals shall be qualified by training and experience
to pass on matters pertaining to building construction. Members of
the governing body may not serve on the Board of Appeals. A Board
of Appeals member may not cast a vote or participate in a hearing
in any appeal, request for variance or request for extension of time
in which the member has a personal, professional or financial interest.
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112.4 Operation of Board. The Board of Appeals
may establish policies and procedures necessary to carry out its duties
in accordance with the intermunicipal agreement. The Board shall annually
select one of its members to serve as Chairperson and one of its members
to serve as Vice Chairperson. The Board of Appeals shall keep minutes
of its meetings and file a written decision on all appeals under this
Construction Code. The Board of Appeals shall provide notice of and
conduct its meetings in accordance with the Sunshine Act, 65 Pa.C.S.A. § 701
et seq.
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112.5 Procedures for applications and appeals. Any person desiring to file an application or appeal to the Board
of Appeals may file such appeal with the Building Code Official. All
applications and appeals to the Board of Appeals shall be in writing
and shall specify the section of this Construction Code from which
relief is sought or the action of the Building Official which is the
subject of the appeal. The written application or appeal shall state
all of the grounds for the application or appeal and shall include
any necessary plans or specifications to provide the Board of Appeals
with information to evaluate the application or appeal and shall include
the fee. No application appeal will be considered complete without
the necessary appeal fee. Any appeal from a determination of the Building
Official shall be filed within 20 calendar days of the determination.
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112.5.1 Hearings. An applicant or appellant who
desires to present testimony to the Board of Appeals shall request
a hearing in the application or appeal. If the applicant or appellant
does not request a hearing, it will be assumed that the Board of Appeals
may render its determination based on the written information submitted
with the application or appeal and any additional information available
to members of the Board of Appeals.
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112.5.2 Parties. The Borough shall be considered
a party to all appeals or applications filed with the Board of Appeals.
Other persons affected by the appeal or application who have made
timely appearances of record may also be recognized as parties to
the appeal or application.
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112.5.3 Decision. The Board of Appeals shall render
its decision in writing within any time periods imposed in state laws
or L & I Regulations. The Board of Appeals shall provide the applicant
or appellant, the Building Official and the Borough with copies of
the appeal.
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O.
IBC Section 113, Violations, shall provide as follows:
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113.1 Unlawful acts. It shall be unlawful for any
person, firm or corporation to erect, construct, alter, extend, repair,
remove, demolish, use or occupy, or to permit the erection, construction,
alteration, extension, repair, removal, demolition, use or occupancy
of, any building or structure or equipment regulated by this Construction
Code, or cause same to be done, in conflict with or in violation of
this Construction Code. It shall also be unlawful for any person to
place inaccurate or misleading information on an application or plan
or to omit relevant information from an application or a plan submitted
to the Borough.
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113.2 Notice of violation. The Building Official
may serve a notice of violation on any person responsible for the
erection, construction, alteration, extension, repair, removal, demolition,
use, permission to use, occupancy, or permission for occupancy of
a building or structure or equipment in violation of the provisions
of this Construction Code, or in violation of a detailed statement
or a plan approved thereunder, or in violation of a permit or certificate
issued under the provisions of this Construction Code. Such notice
shall order discontinuance of the illegal action or condition and
the abatement of the violation. Notwithstanding the foregoing, it
shall not be a defense to an enforcement action that the Building
Official did not serve or that the defendant did not receive a written
notice of violation prior to the institution of the enforcement action.
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113.2.1 If an inspection reveals a violation of
this Construction Code, the Construction Code Official shall discuss
the inspection results with the permit holder at the completion of
the inspection.
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113.2.2 When a violation relates to an unsafe building,
structure, or equipment, the Building Official shall proceed in accordance
with Section 403.84 of the L & I Regulations.
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113.3 Prosecution of violation. If the Building
Code Official has served a notice of violation and the notice of violation
is not complied with within the time specified by the Building Official,
or if the Building Code Official determines that there is insufficient
time to serve a notice of violation or that such notice of violation
will have no practical or beneficial effect, the Building Code Official
shall notify Council of the violation and shall request Council to
authorize institution of enforcement proceedings against the violator
and/or authorize the Borough Solicitor to institute the appropriate
proceedings at law or in equity to restrain, correct or abate such
violation or to require the removal or termination of the unlawful
use of the building or structure in violation of the provisions of
this Construction Code or of the order or direction made pursuant
thereto. Notwithstanding the foregoing, the Building Code Official
may institute summary enforcement proceedings without prior authorization
of Council.
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113.4 Violation penalties. Any person who shall
violate a provision of this Construction Code or who shall fail to
comply with any of the requirements thereof or who shall erect, construct,
alter, extend, repair, remove, demolish, use or occupy, or permit
the use or occupancy of, any building or structure or equipment regulated
by this Construction Code in violation of the provisions of this Construction
Code or of an approved plan or of a directive of the Building Official
or of a permit or certificate issued under the provisions of this
Construction Code or who shall permit the use, occupancy, erection,
construction, alteration, extension, removal, demolition or repair
of the building or structure or equipment in violation thereof shall,
upon being found guilty in an enforcement proceeding commenced by
the Borough, pay a penalty of not less than $200 and not more than
$1,000 for each violation, plus all costs of prosecution, which fines
and penalties may be collected as provided by law. Each day that a
violation continues shall be deemed a separate offense, and each section
of this Construction Code which is violated shall be deemed a separate
offense. The Building Official may request the Police Department to
make arrests for any offense against this Construction Code or orders
of the Building Official affecting the immediate safety of the public.
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113.5 Abatement of violation. The imposition of
the penalties herein prescribed shall not preclude the Borough Solicitor
or the Building Official from instituting appropriate action to prevent
the unlawful construction or to restrain, correct, or abate a violation
or to prevent illegal occupancy of a building, structure or premises
or to stop an illegal act, conduct, business, or use of a building
or structure on or about any premises.
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P.
IBC Section 114.3 shall provide as follows:
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114.3 Unlawful continuance. Any person who shall
continue any work in or about the structure after having been served
with a stop-work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall commit
a violation of this Construction Code and shall be subject to penalties
or fines as provided in Section 113.4 and remedies as provided in
Section 113.5.
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Q.
IBC Section 115, Unsafe Structures and Equipment, of the International
Building Code/2003 is deleted. The Borough adopts Section 403.84 of
the L & I Regulations governing unsafe buildings, structures,
or equipment.
R.
Table R301.2(1) of the International Residential Code/2003 is hereby
completed by inserting the following information:
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Ground snow load: 30 pounds per square foot.
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Wind speed (mph): 90 mph.
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Seismic design category: A, B, C, D.
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Weathering: severe.
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Frost line depth: 36 inches.
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Termite: moderate to heavy.
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Decay: slight to moderate.
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Winter design temperature: 10°.
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Ice shield underlayment required: yes.
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Flood hazard: October 15, 1981, or as may be amended in 2004
to 2005.
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Air freezing index: 1,000.
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Mean annual temperature: 50°.
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