[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 4-1986. Amendments noted where applicable.]
Adoption by reference: see Optional Third Class City Charter Law § 608(a) [53 P.S. § 41608(a)]; Third Class City Code § 2403(67) [53 P.S. § 37403(67)].
Emergency orders and appeals: see Ch. 8-301.
Local Agency Law: see Subchapter B of Chapters 5 and 7, Act of April 28, 1978, P.L. 202, as amended (2 Pa.C.S.A. §§ 105, 551 to 555 and 751 to 754).
Rent withholding: see Ch. 8-507.
It is the intent and purpose of this chapter to adopt a modern building code which will prescribe effective standards and minimum requirements for the construction of buildings in the City. This code is designed to cover every facet of building construction to ensure that the residents of Harrisburg are provided with safe, sanitary and well-constructed structures for all purposes and uses and to provide reasonable safeguards to protect the public health and safety against the hazards of inadequate, defective or unsafe mechanical installations.
[Ord. No. 17-1994; amended 9-23-2003 by Ord. No. 25-2003]
In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608, and Section 4130 of the Third Class City Code, Act of June 23, 1931, as amended, 53 P.S. § 39130(b), there is hereby adopted by the City, for the purpose of prescribing specifications and regulations to ensure the structural safety and noncombustibility of buildings and housing constructed, reconstructed, altered, enlarged, repaired or maintained within the City, that certain building code known as the "International Building Code, 2003 Edition," and all appendixes thereto, with the exception of Appendix A, B and D, as supplemented and published by the International Code Council, except such provisions which are in conflict with regulations promulgated by the Pennsylvania Department of Labor and Industry interpreting the Uniform Construction Code pursuant to Section 301 of the Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, 35 P.S. § 7210.301, or any other state law on the subject or regulations issued by a state agency by virtue of a state law. Ten copies of the adopted Building Code are presently on file in the office of the City Clerk, and such code is hereby incorporated as fully as if set forth at length herein. The provisions of the adopted Building Code shall be controlling within the limits of the City, except as amended by the provisions of this chapter.
[Added 9-23-2003 by Ord. No. 25-2003]
The following sections of the International Building Code, 2003 Edition, as adopted herein, are hereby deleted in their entirety and replaced as indicated:
Chapter 1, Administration.
Section 101.1 is amended to read as follows:
Section 103.1 is amended to read as follows:
Section 105.2 is amended to read as follows:
Section 105.2.2 is amended to read as follows:
Section 112, Board of Appeals. This section is deleted in its entirety. See § 8-101.7 of the City's Codified Ordinances for appeal procedures.
Section 115.2 is amended to read as follows:
Editor's Note: See Title 8, Building and Housing Development Code, of these Codified Ordinances.
Section 115.4 is amended to read as follows:
Section 115.6 is added to read as follows:
Chapter 27, Electrical. Chapter 27 is hereby amended to provide that the Electrical Code of the City of Harrisburg is adopted by the City in Chapter 8-103 and shall govern all electrical installations.
Chapter 28, Mechanical Systems. Chapter 28 is hereby amended to provide that the Mechanical Code of the City of Harrisburg is adopted by the City in Chapter 8-109 and shall govern the installation and maintenance of mechanical appliances, equipment and systems.
Chapter 29, Plumbing Systems. Chapter 29 is hereby amended to provide that the Plumbing Code of the City of Harrisburg is adopted by the City in Chapter 8-105 and shall regulate all matters pertaining to plumbing.
Chapter 33, Safeguards During Construction, Section 3307, is amended to read as follows:
Appendix K is added to read as follows:
Editor's Note: This ordinance also repealed former § 8-101.3, Amendments to adopted code, as amended by Ord. Nos. 54-1990, 1-1992, 17-1994 and 9-1996.
No permit as required by this code shall be issued until the fee prescribed in this section has been paid. No amendment to a permit shall be approved until the additional fee, if any, due to an increase in the estimated cost of the construction or alteration has been paid.
For a permit for the construction, alteration or repair of any building or structure, there shall be a permit fee. The permit fee shall be at the rate of $50 for the first $1,000 of estimated cost, and $8 for each $1,000 of estimated cost exceeding $1,000. The fee for a renewal of a permit shall be equal to 1/2 of the original permit fee.
[Ord. No. 17-1994; amended 11-12-2002 by Ord. No. 25-2002; 6-11-2013 by Ord. No. 8-2013]
For a permit for the removal of a building or structure from one lot to another or to a new location within the same lot, the fee shall be $100, plus $5 per $1,000 of the estimated cost of new foundation and of work necessary to put the building or structure in usable condition in its new location.
For a permit for the demolition of a building or structure, the fee shall be at the rate of $40 for the first $1,000 of the estimated cost and an additional $30 for each additional estimated cost of $1,000.
[Amended 11-12-2002 by Ord. No. 25-2002; 6-11-2013 by Ord. No. 8-2013]
In cases of abandonment or discontinuance, the cost of work performed under a permit shall be estimated, an adjustment of the fee made and the portion of the fee for uncompleted work returned to the permit holder, provided that no refund of a prescribed minimum fee shall be made. If discontinuance is due to the lawful revocation of a permit, a similar adjustment and return shall be made. No refund shall be made until all penalties lawfully incurred or imposed have been collected. After a refund has been made, work shall not be resumed until a new application has been made and a new permit has been issued.
The term "estimated cost," as used in this section, means the reasonable value of all services, labor, materials, and use of scaffolding and other appliances or devices for entering into and necessary to the execution and completion of the work so that the building or structure is readily usable, provided that the cost of excavation or grading and of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building or structure is not deemed a part of such estimated cost.
If work has been performed prior to the application for a building permit required by this code being filed, the applicant shall pay an administrative fee equal to the amount charged for a permit to cover costs for review and inspection of work already performed.
[Ord. No. 17-1994]
Whenever any provision or requirement of the Commonwealth Department of Labor and Industry is more stringent or stricter than a provision or requirement of the City Building Code, the applicable provision or requirement of the regulations of the Department of Labor and Industry shall supersede any such provision or requirement of the Building Code.
[Ord. No. 52-1991]
Prior to receipt of a building permit, any new developer who is mandated by law to submit a stormwater management plan to the City shall apply for approval of the same to the City Engineer.
No building permit shall be issued without said plan receiving the final approval of the City Engineer.
This requirement is in addition to and not a substitute for any other conditions currently imposed by law upon the issuance of said building permit.
[Ord. No. 15-1995]
Any person, firm, corporation, association or other entity who is aggrieved with the ruling, decision, or action of any department, bureau, or division of the City in regard to the administration or enforcement of this code may appeal the ruling, decision or action complained of to the Building and Housing Code Board of Appeals in the manner and in accordance with the procedures set forth in Chapter 8-501.
[Ord. No. 17-1994; amended 9-23-2003 by Ord. No. 25-2003]
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this Building Code, or who aids or assists therein, either on his/her own behalf or in the interests of his/her employer or principal, or who fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved in accordance with this code or any certificate of approval issued thereto and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, plus costs, or shall be imprisoned in the Dauphin County Prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each five days that the prohibited conditions are maintained shall constitute a separate offense.
[Amended 4-9-2013 by Ord. No. 3-2013]
The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device, or any other remedy at law or equity available to the City for enforcement of this chapter.