Borough of Elizabethtown, PA UNIFORM CONSTRUCTION CODE

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 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. Borough Council desires to adopt and administer the Pennsylvania Uniform Construction Code and establish administrative and enforcement regulations.

In accordance with § 302(a) of the Pennsylvania Construction Code Act, this Part does not adopt the International Property Maintenance Code and shall not be considered as a property maintenance code. All Borough regulations governing the maintenance of properties shall be in ordinances separate and distinct from the Elizabethtown Borough Construction Code.

§ 203 Adoption of Pennsylvania Uniform Construction Code.

[Ord. 845, 6/17/2004, § 1]

The Borough hereby adopts the standards which the Pennsylvania Department of Labor and Industry has made part of the Pennsylvania Uniform Construction Code identified in § 403.21 of the L & I Regulations as the Elizabethtown Borough Construction Code with the following additions to the International Building Code, 2003:

Section 202, Definitions, shall be amended by inserting the following definitions in alphabetical order:

BOROUGH

The Borough of Elizabethtown, Lancaster County, Pennsylvania.

BOROUGH COUNCIL

The governing body of the Borough.

BUILDING CODE OFFICIAL

A Borough official certified by L & I under § 103 of the Pennsylvania Construction Code Act. 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.

CONSTRUCTION CODE OFFICIAL

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 in an appropriate category established under Section 701(b) of the Pennsylvania Construction Code Act 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.

DEP

The Department of Environmental Protection of the Commonwealth of Pennsylvania.

INTERMUNICIPAL AGREEMENT

The agreement among Conoy Township, East Donegal Township, Elizabethtown Borough, Marietta Borough, Mount Joy Township and West Donegal Township dated as of July 1, 2002, establishing, inter alia, the Donegal-Elizabethtown Area Appeals Board.

L & I

The Department of Labor and Industries of the Commonwealth of Pennsylvania.

L & I REGULATIONS

All regulations adopted by L & I to implement the Pennsylvania Construction Code Act.

PENNSYLVANIA CONSTRUCTION CODE ACT

Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended.

THIRD PARTY AGENCY

A person or firm duly appointed by Borough Council to act as the Construction Code Official in the administration of this Construction Code.

UNIFORM CONSTRUCTION CODE

The Code adopted pursuant to the Pennsylvania Construction Code Act and the L & I Regulations.

Section 1612.3 is amended by inserting "Elizabethtown Borough" and "October 1977, as revised in 2004-2005" in the respective blanks.

Section 3410.2 is amended by inserting the date of July 8, 2004, for residential dwellings and July 8, 2004. for nonresidential structures.

§ 204 Administration and Enforcement of Elizabethtown Borough Construction Code.

[Ord. 845, 6/17/2004, § 1]

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 Elizabethtown Borough Construction Code. The administrative provisions of other codes which L & I has made part of the DCC, including but not limited to the International Residential Code, 2003, are not part of the Elizabethtown Borough Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the Codes set forth in § 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, and the L & I Regulations to the Elizabethtown Borough Construction Code are as follows:

Section 101.1. Insert "Borough of Elizabethtown, Lancaster County, Pennsylvania."

Section 101.2 shall provide as follows:

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 the Borough Zoning Ordinance, Subdivision and Land Development Ordinance, Stormwater Management Ordinance 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 the Zoning Ordinance, it is the intent of Borough 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.

Section 101.3 shall be amended by adding the following sentence to the existing section:

It is the further intent of Borough 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 Borough Council to comply with the requirements of the Pennsylvania Construction Code Act and the L & I Regulations.

Section 101.4.5 shall be deleted in its entirety.

Section 103, Department of Building Safety, shall be deleted in its entirety and a new § 103, Administration, shall be inserted which shall provide as follows:

	103.1. Building official. Borough 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.
	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 Borough Council and shall be within the limitations of any certifications required or issued by L & I.
		103.2.1. The building code official shall serve at the pleasure of Borough Council. The building code official shall provide supervision of the construction code official, receive uniform construction code permit applications, address citizen inquiries, concerns and complaints, issuing building permits, occupancy permits, and manage code enforcement activities, including but not limited to issuing notice of violations and orders to vacate, and initiation of prosecutions.
		103.2.2. The construction code official shall serve at the pleasure of Borough 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.
		103.2.3. An applicants for Construction Code permits shall submit two complete copies of the application to the building code official. The building code official shall transmit a complete copy of the Construction Code permit application to the construction code official for plan review, issuance of the Construction Code permit, and inspection of construction. The construction code official shall notify the applicant when plan review has been completed, and the applicant shall pay plan review and estimated inspection fees to the construction code official prior to issuance of the Construction Code permit. The construction code official shall notify the building code official when the work is complete and has successfully had its final inspection. The building code official shall issue the certificate of occupancy after receipt of notification from the construction code official that the work has been finally inspected and all fees have been paid.
	103.3. Organization. Borough Council shall appoint such other officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this Construction Code.

Section 104.4 shall be amended by inserting the following language after the first sentence:

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.

Section 104.8 shall provide as follows:

104.8. Liability. The Borough and the building official shall have all immunities and rights granted by the Pennsylvania Judicial Code, including but not limited to Chapter 85.

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 §§ 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)

Sections 403.42(a) and 403.62(a) shall be amended by inserting the following at the end of the existing sections:

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.

(2)

Sections 403.42a(b) and 403.62a(b) shall be amended by inserting the following at the end of the existing Sections:

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, Lancaster County Conservation District, public water service provider (where public water service is proposed), Sewage Enforcement Officer (where on-lot sewage disposal is proposed) or public sewage service provider (where public sewer service is proposed), 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, storm water management plan approval.

(3)

Sections 403.43(h) and 403.63(h) shall be amended by inserting the following at the end of the existing Sections:

The applicant shall post a copy of the Construction Code permit at a location on the property clearly visible to members of the public.

A new § 108.1.2 shall be inserted which shall provide as follows:

108.1.2. Time of payment of fees. An applicant for a permit under this Construction Code shall pay the Borough's administrative fee to the Borough at the time of application.

Prior to the issuance of a Construction Code permit, the applicant shall pay to the construction code official the plan review fee and the estimated fee for all inspections required. If additional inspections become necessary during the costs of construction, the applicant shall reimburse the construction code official for all such costs within 15 days after the date of an invoice for such costs. An applicant shall pay to the construction code official all fees and 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.

Section 108.4 shall be revised to provide:

108.4. Work commencing before permit issuance. Any person who commences any work on a building, structure, 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.

Section 108.6 shall be deleted in its entirety.

Sections 109.3, 109.4, 109.5, and 109.6 of the International Building Code, 2003 shall be deleted and the Borough hereby adopts §§ 403.45, 403.64 and 403.86 of the L & I Regulations governing inspections with the changes set forth below:

(1)

Sections 403.64(g) shall be deleted in its entirety.

Section 110, Certificate of Occupancy, of the International Building Code, 2003 is deleted. The Borough adopts §§ 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)

Section 403.46(b) is amended by adding the following subsections:

(10)

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.

(2)

Section 403.65(b) is amended by adding the following subsections:

(9)

Section 112, Board of Appeals, shall be amended in its entirety to provide as follows:

	112.1. Board of appeals. The Borough hereby appoints the Donegal-Elizabethtown Area Appeals Board as the board of appeals under the Elizabethtown Borough Construction Code. Members of the Donegal-Elizabethtown Area Appeals Board shall be selected in accordance with the Intermunicipal Agreement.
	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 or appeal shall be based upon, and the board of appeals in making its decisions shall consider, those factors set forth in the L & I Regulations.
	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.
	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. § 701 et seq.
	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 specification 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.
		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.
		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.
		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.

Section 113, Violations, shall provide as follows:

	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.
	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.
		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.
		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.
	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 Borough Council of the violation and shall request Borough 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 Borough Council.
	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.
	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.

Section 114.3 shall provide as follows:

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.

Section 115, Unsafe Structures and Equipment, of the International Building Code, 2003 is deleted. The Borough adopts § 403.84 of the L & I Regulations governing unsafe buildings, structures, or equipment.

Table R301.2(1) of the International Residential Code, 2003 is hereby completed by inserting the following information:

	Ground snow load: 30 pounds per square foot.
	Wind speed (mph): 90 mph.
	Seismic design category: A, B, C, D.
	Weathering: severe.
	Frost line depth: 30 inches.
	Termite: moderate to heavy.
	Decay: slight to moderate.
	Winter design temperature: 10°
	Ice shield underlayment required: Yes
	Flood hazard: October, 1977, as revised in 2004-2005
	Air freezing index: 1000
	Mean annual temperature: 50°

§ 205 Regulations and Ordinances in Effect Prior to Effective Date of this Part.

[Ord. 845, 6/17/2004, § 2]

It is expressly intended that the provisions of this Part shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior zoning regulation or ordinance. In the event any violation has occurred under Chapter 5, Part 2, or Chapter 5, Part 3, in effect prior to the effective date of this Part, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior regulations, and the provisions and penalties provided in Chapter 5, Part 2, or Chapter 5, Part 3, prior to the effective date of this Part shall remain effective as to said violation.

§ 206 Other Sections, Parts and Provisions of Code of Ordinances Remain in Effect.

[Ord. 845, 6/17/2004, § 3]

All other sections, parts and provisions of the Code of Ordinances of the Borough of Elizabethtown shall remain in full force and effect as previously enacted and amended.

§ 207 Savings Clause.

[Ord. 845, 6/17/2004, § 4]

In the event any provision, section, sentence, clause or part of this Part shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Part, it being the intent of Borough Council that the remainder of the Part shall be and shall remain in full force and effect.

§ 208 Effective Date.

[Ord. 845, 6/17/2004, § 5]

This Part shall take effect and after its enactment by Borough Council of the Borough of Elizabethtown as provided by law. The Uniform Construction Code adopted by this Part shall take effect on July 8, 2004.