[HISTORY: Adopted by the Board of Supervisors of the Township
of Coolbaugh as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 10-15-2002B (Ch. 5, Part 1, of the 1999
Code of Ordinances)]
[Amended by Ord. No. 12-17-2002B]
Coolbaugh Township hereby adopts the 2000 edition of the International
Residential Code, known as the "IRC," the International Building Code,
known as the "IBC," and the International Fuel Gas Code, of which
one copy is on file in the Township office and the same is adopted
and incorporated as if it were set forth herein at length.
The purpose of this article is to provide minimum standards
for the protection of life, limb, health, property, environment and
for the safety and welfare of the consumer, general public and the
owners and occupants of all buildings and structures regulated by
this article.
The provisions of the IRC Code apply to the construction, addition,
prefabrication, alteration, repair, use, occupancy and maintenance
of detached one- and two-family dwellings and one-family townhouses
of not more than three stories in height and their accessory structures.
The IBC Code will apply to all other buildings and structures. Compliance
with the requirements of these codes may be considered as prima facie
evidence of compliance with the locally adopted code. Inspection of
construction governed by those sections, when warranted by the scope
of the work to be performed, shall be performed by licensed architects,
engineers or certified inspectors, approved by the Township, but whose
fees will be paid by the applicant. Applicants may, at their option,
seek independent inspection by others relative to these standards
at their expense, provided the respective code requirements on alternative
inspections are met.
A.
General.
(1)
The Office of Building Code Official is hereby created, and the executive
official in charge shall be known as the Building Code Official.
(2)
The Building Code Official shall be appointed by the Supervisors
of the Township and shall serve at the pleasure of the Supervisors.
(3)
During temporary absence or disability of the Building Code Official,
the appointing authority shall designate an acting Building Code Official.
The Building Code Official is hereby authorized and directed to administer
and enforce all the provisions of this article.
B.
Referenced standards. The standards referenced in this article and
listed in Chapter 43 of the IRC Code are incorporated by reference
and shall be considered part of the requirements of this article to
the prescribed extent of each such reference. Where differences occur
between provisions of this article and referenced standards, the provisions
of this article shall apply.
C.
Qualifications of Building Code Official. Qualifications for the
Building Code Official shall be established by the Township Supervisors
by resolution.
D.
Duties of Building Code Official.
(1)
The Building Code Official shall devote his/her whole time to the
duties of this office. He/she shall receive applications required
by this article, issue permits and furnish the prescribed certificates.
The Building Code Official shall examine premises for which permits
have been issued and shall make necessary inspections to see that
the provisions of law are complied with and that construction is prosecuted
safely. He/she shall enforce all provisions of the Building Code.
The Building Code Official shall, when requested by proper authority,
or when the public interest so requires, make investigations in connection
with matters referred to in the Building Code and render written reports
on same. To enforce compliance with the law, to remove illegal or
unsafe conditions, to secure the necessary safeguards during construction
or to require adequate exit facilities in buildings and structures.
The Building Code Official shall issue such notices or orders as may
be necessary.
(2)
Inspections required under the provision of the Building Code shall
be made by the Building Code Official or his/her duly appointed assistant.
The Building Code Official may accept reports of inspectors of recognized
inspection services, after investigation of their qualifications and
reliability. No certificate called for by any provision of the Building
Code shall be issued on such reports unless the same are in writing
and certified to by a responsible officer of such service.
(3)
The Building Code Official shall keep comprehensive records of applications,
of permits issued, of certificates issued, of inspections made, of
reports rendered and of notice or orders issued. He/she shall retain
on file copies of required plans and all documents relating to building
work so long as any part of the building or structure to which they
relate may be in existence.
(4)
All such records shall be open to public inspection for good and
sufficient reasons at the state office hours, but shall not be removed
from the office of the Building Code Official without the Building
Code Official's written consent.
(5)
The Building Code Official shall make written reports to his/her
immediate superior once each month, or more often if requested, including
statements of permits and certificates issued and order promulgated.
E.
Cooperation of other officials. The Building Code Official may request
and shall receive, so far as may be necessary, in the discharge of
his/her duties, the assistance and cooperation of other officials
of the Township.
Upon presentation of proper credentials, the Building Code Official
or his/her duly authorized representatives may enter at reasonable
times any building, structure or premises in the jurisdiction to perform
any duty imposed upon him/her by this article.
[Amended 6-17-2003]
A.
Unlawful action. It shall be unlawful for any person, firm or corporation
whether as owner, lessee, sublessee or occupant to erect, construct,
enlarge, alter, repair, improve, remove, convert, demolish, equip,
use, occupy or maintain any building and their accessory structures
in the jurisdiction or cause or permit the same to be done, contrary
to or in violation of the provisions of this article.
B.
Violations. It is hereby declared that any violation of this article
constitutes a public nuisance, and in addition to any other remedies
provided by this article for its enforcement, the Township may bring
civil suit to enjoin the violation of any of the provisions of this
article.
C.
Partial invalidity. If for any reason any one or more sections, sentences,
clause or parts of this article are held invalid, such judgment shall
not affect, impair or invalidate the remaining provisions.
D.
Penalty. Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 60 days.
[Amended 6-17-2003]
A.
General. In order to hear and decide appeals of orders, decisions
or determinations made by the Building Code Official relative to the
application and interpretation of this article, there shall be a Building
Hearing Board of Appeals (hereafter "Hearing Board") consisting of
members who are qualified by experience and training to pass upon
matters pertaining to building construction and who are not employees
of the jurisdiction. The jurisdiction of the Hearing Board will be
to hear appeals where it is alleged that the Building Code Official
failed to correctly interpret the code, or rules legally adopted thereunder;
or that the provisions of this article do not fully apply; or that
an equivalent form of construction is to be used. The Hearing Board
shall be appointed by the governing body and shall hold office at
its pleasure. The Board shall adopt rules of procedure for conducting
its business and shall render its decisions and findings in writing
to the appellant with a duplicate copy to the Building Code Official.
B.
Limitations of authority. The Hearing Board shall have no authority
relative to interpretations of the administrative chapters or provisions
of this article, nor shall the Board be empowered to waive requirements
of this article.
C.
Appointment. There is hereby established a board to be called the
"Building Hearing Board of Appeals," consisting of five members and
two alternate members, preferably, but not necessarily, residents
of the Township. Members shall be appointed by the Township Supervisors
as follows: one member shall be appointed for a term of five years,
one member for a term of four years, one member for a term of three
years, one member for a term of two years and one member for a term
of one year. Thereafter, each new member shall serve for five years,
or until a successor has been appointed. Alternate members shall be
appointed by the Township Supervisors. They shall be called upon by
the Board chairperson during the absence or disqualification of a
member. Alternate members shall possess the qualifications required
for the Board membership and shall be appointed for five years, or
until a successor has been appointed.
D.
Removal. Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Board of Supervisors taken after the member has received 15
days advance notice of the intent to take such a vote. A hearing shall
be held in connection with the vote if the member shall request it
in writing.
E.
Organization of Hearing Board. The Hearing Board shall elect from
its own membership it officers, who shall serve annual terms as such
and may succeed themselves. For the conduct of any hearing and the
taking of action, a quorum shall be not less than a majority of all
the members of the Board, but where any members are disqualified to
act in a particular matter, the Hearing Board Secretary will designate
the alternate to sit in the place of the member disqualified. The
Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Township and laws of the commonwealth.
The Board shall keep full public records of its business and shall
submit a report of its activities to the governing body once a year.
F.
Method of appeal and application to board. Appeals under this section
must be made in writing, accompanied by a check or money order in
the amount to be fixed by resolution, to cover all expenses incurred.
In the event the appellant prevails, the fee deposited shall be refunded
to the appellant.
G.
Time limitations. All appeals from decision of the Building Code
Official must be filed with the Board no later than 30 days from the
date of the decision appealed. A hearing shall be held within 60 days
from the date of the applicant's request.
H.
Hearing. The Board shall conduct hearings and render decisions in
accordance with the following requirements:
(1)
Notice shall be given to the public by notice published once each
week for two successive weeks in a newspaper of general circulation
in the Township. Such notice shall state the time and place of the
hearing and the nature of the matter to be considered at the hearing.
The first publication shall not be more than 30 days and not less
than seven days from the date of the hearing.
(2)
Notice shall be given to the appellant or applicant and the Building Code Official in writing. Said notice shall contain the same information provided in Subsection H(1) above. Notice to the applicant or appellant shall be by certified mail and to the Building Code Official by regular mail. Both of said notices shall be postmarked at least 14 days before the date of said hearing.
(3)
The parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the Board and any other person including civic or community organizations
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board for that purpose.
(4)
The Chairman or Acting Chairman of the Board presiding shall have
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and documents.
(5)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)
The Board shall keep a stenographic record of the proceedings and
a transcript of the proceedings and copies of graphic or written material
received in evidence shall be made available to any party at cost.
(8)
The Board shall not communicate, directly or indirectly, with any
party or his/her representatives in connection with any issue involved
except upon notice and opportunity for all parties to participate,
shall not take notice of any communications, reports, staff memoranda
or other materials unless the parties are afforded an opportunity
to contest the material so noticed and shall not inspect the site
or its surroundings after the commencement of hearings with any party
or his/her representative unless all parties are given an opportunity
to be present.
(9)
The Board shall render a written decision or, when no decision is
called for, make written findings on the application within 45 days
after that last hearing before the Board. Each decision shall be accompanied
by findings of fact and conclusions based on any ordinance, rule or
regulation, shall contain a reference to the provision relied on and
the reason why the conclusion is deemed appropriate in light of the
facts found.
(10)
A copy of the final decision or where no decision is called
for, the findings shall be delivered to the applicant personally or
mailed to him/her not later than the day following its date. To all
other person who have filed their name and address with the Board
not later than the last day of the hearing, the Board shall provide
by mail or otherwise, brief notice of the decision or findings and
a statement of the place at which the full decision or findings may
be examined.
I.
Appeals from decisions of the building hearing board. Any person
or entity aggrieved by a decision of the Coolbaugh Township Building
Hearing Board may, within 30 days of the issuance of such decision,
file an appeal with the Court of Common Pleas, setting forth the specific
basis of such appeal.
A.
Alternate materials, methods and equipment. The provisions of this
article are not intended to limit the appropriate use of materials,
appliances, equipment or methods of design or construction not specifically
prescribed by this article, provided the Building Code Official determines
that the proposed alternate materials, appliances, equipment or methods
of design or construction are at least equivalent of that prescribed
in this article in suitability, quality, strength, effectiveness,
fire resistance, durability, dimensional stability, safety and sanitation.
B.
Evidence submitted. The Building Code Official may require that evidence
or proof be submitted to substantiate any claims that may be made
regarding the proposed alternate. In the event that the Building Code
Official cannot determine to a degree of reasonable certainty that
the alternative materials proposed for a particular use are comparable
as set forth in this section, the Inspector may consult with the Township
appointed professional or other consultants authorized by the Township
to review the proposed alternative.
C.
Tests. Determination of equivalence shall be based on design or test
methods or other such standards approved by the Building Code Official.
The Building Code Official may accept as supporting data to assist
in this determination duly authenticated reports from the Building
Code Officials and Code Administrators International, Inc., Southern
Building Code Congress International, Inc., International Conference
of Building Code Officials, the National Evaluation Service Committee
of the Council of American Building Code Officials, acceptance documents
from the U.S. Department of Housing and Urban Development or from
other approved authoritative sources for all materials or assemblies
proposed for use which are not specifically provided for by this article.
The costs of all tests, reports and investigations required under
these provisions shall be paid by the applicant.
When there are practical difficulties involved in carrying out
the provisions of this article the Building Code Official may grant
modifications for individual cases. The Building Code Official shall
first find that a special individual reason makes the strict letter
of this article impractical and that the modification is in conformity
with the intent and purpose of this article and that such modification
does not lessen wealth, life safety and firesafety requirements. The
details of actions granting modifications shall be recorded and entered
in the file of the Code Enforcement Agency.
The Building Code Official or the Building Code Official's
authorized representative shall not render him/herself personally
liable nor shall his/her actions render the Township, its elected
officials, appointed officials, employees or agents liable for any
damage that may accrue to persons or property as a result of any act
or by reason of any act or omission in the discharge of the Building
Code Official's duties except as may be provided by applicable
State law. Any suit brought against the Building Code Official or
employees because of such an act or omission performed in the enforcement
of this article shall be defended by the Township. This article shall
not relieve or lessen the responsibility of an owner, operator or
controller of a building for any damages to the person or property
caused by defects, nor shall the building department or its jurisdiction
be held to assume any such liability by reason of inspection or permits
authorized by this article.
[Amended 3-15-2005]
A.
It shall be unlawful to construct, add to, alter, remove or demolish,
or to commence the construction, addition, alteration, removal or
demolition of a building or structure, other than ordinary repairs
as defined herein, without first filing with the Building Code Official
an application in writing and obtaining a formal permit.
B.
Permit required. A permit shall be obtained before beginning construction,
alteration or repairs, other than ordinary repairs, using application
forms furnished by the Building Code Official. A permit is required
for all residential alterations and renovations including, but not
limited to, re-roofing, decks, electrical service replacements, furnaces
and hot water boilers. A construction permit is required for garages,
carports, greenhouses and sheds accessory to a single-family dwelling,
which are greater than 200 square feet.
C.
Permit fees. All fees payable
under this article are set by the Board of Supervisors and may be
revised from time to time by resolution.
D.
Expiration. Every permit issued by the Building Code Official under the provision of this article shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six months from the issue date of the permit, or if the building or work authorized by such permit is suspended or abandoned for a period of six months or more after the work has commenced. Before such work can be commenced or resumed, a permit extension or renewal is required by Subsection D(1) or (2) below shall be obtained.
(1)
Permit extension. A permittee holding an unexpired permit may apply
for a one-time six-month extension, provided the permittee can show
good and satisfactory reason(s) beyond the permittee's control
that the work cannot be commenced within the six-month period from
the original date of issue of the permit. No additional fee is required
for this one-time extension.
(2)
Permit renewal. A permit which has expired for six months or less
may be renewed provided no changes have been made in the original
plans and specifications for such work. The renewal fee shall be 1/2
the amount required for a new permit. Permits which have been expired
for greater than six months require a new application and payment
of the full permit fee.
E.
Permit validity. The issuance of a permit shall not authorize the
violation of any of the provisions of this article.
A.
Plans required. All applications shall be accompanied by two sets
of plans drawn to scale and shall be of sufficient clarity to indicate
the nature and extent of the work proposed and shall show in detail
that it will conform to the provisions of this article and all relevant
laws, ordinances, rules and regulations. One copy shall be retained
by the Township and one approved copy shall be returned to the applicant.
The Building Code Official is authorized to waive the submission of
professionally prepared documents if it is found that the nature of
the work applied for is such that a reviewing of construction documents
is not necessary to obtain compliance with this article.
B.
Plans of job required. A copy of approved plans shall be kept on
the site of the building or work at the time of all inspections until
a certificate of occupancy has been issued.
A.
Types of inspections. For on-site construction, from time to time
the Building Code Official, upon notification from the permit holder
or his/her agent shall make or cause to be made any necessary inspections
and shall either approve that portion of the construction as completed
or shall notify the permit holder or his/her agent wherein the same
fails to comply with this code.
(1)
Foundation inspection shall be made after piers are set or trenches
or basement areas are excavated and forms erected and required reinforcing
steel is in place and prior to placing of concrete. The footing inspection
shall include excavations for thickened slabs intended for the support
of bearing walls, partitions, structural supports or equipment, and
for special requirements for precast concrete or prefab wood foundation.
(2)
Backfill inspection shall be made after foundation walls are completed.
(a)
Poured concrete walls shall have forms stripped and concrete
block walls shall have cement plastering completed.
(b)
Damp-proofing and/or waterproofing shall be completed to finished
grade.
(c)
Perimeter drains to be installed (drains to run sump pump hole
if applicable).
(d)
Foundation walls to have proper masonry lintels installed over
openings on load-bearing walls.
(e)
Anchor bolts or straps shall be installed.
(3)
Concrete floor inspections shall be made prior to pouring the concrete
floor:
(4)
Framing inspection shall be made after the floor, walls and roof
framing systems are completed with all fire-stopping, draft-stopping,
headers, beams, sheathing and bracing in place, and after the plumbing
and electrical rough inspections are approved.
(5)
Rough plumbing inspection shall be made when all water lines, waste
lines and vent lines are installed in all walls, floors and ceilings
that will be concealed during completion of construction.
(6)
Rough electrical inspection shall be performed prior to installation
of the insulation and evidence of this inspection must be posted at
the construction site.
(7)
Insulation inspection shall be performed after all walls, ceiling
and floors that will be concealed during construction and which require
insulation are completely insulated.
(8)
Final inspection for certificate of occupancy. Commonly made after
building is completed and ready for occupancy and complies with all
applicable sections of the code including, but not limited to, the
following:
B.
Reinspection fees.
(1)
There will be a fee charged for reinspection performed each time
the Building Inspector revisits the job site for each and every required
inspection. The amount of such fee shall be set from time to time
by the Board of Supervisors.
(2)
Reinspection will not be performed until all outstanding fees are
paid.
C.
Certificates of occupancy will not be issued until all Township fees
have been paid.
D.
Model house inspections. A temporary structure used as a model home
associated with a lawful commercial use and not for permanent occupancy
and used solely for demonstration purposes to inform purchasers of
the types of homes available from the seller, including manufactured
and stick-built homes.
(1)
Model homes shall comply with the Coolbaugh Township building regulations
and current IRC Code, as amended.
(2)
Model homes may include all stick-built homes and all manufactured
houses which can meet these requirements.
(3)
Model homes shall not be served by any water supply or sewage disposal
facilities.
(4)
Model homes may not be placed on permanent foundations.
(5)
Prior to occupancy must comply with ordinance.
A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site. Placement of prefabricated assemblies at the building site shall be inspected by the Building Code Official to determine compliance with this article, and a final inspection shall be provided in accordance with § 160-13A(8).
|
NOTE: Provisions for foundation systems and building service
equipment connection necessary to provide for the installation of
new manufactured homes on privately owned (nonresidential) lots and
existing manufactured homes to which additions, alterations or repairs
are made are contained in Appendix E of the 2000 IRC and shall be
enforced only when specifically adopted by the jurisdiction.
|
Provisions for swimming pools, spas and hot tubs are contained
in Appendix G of the 2000 IRC and is specifically adopted by the jurisdiction.
The permit holder or his/her agent shall post the inspection
record on the job site in an accessible and conspicuous place to allow
the Building Code Official to make the required entries. The record
shall be maintained by the permit holder until the final inspection
has been made and approved. The Building Code Official shall place
the appropriate approval or disapproval sticker on the inspection
card in the space marked for that inspection.
A.
Continuations of existing use. Buildings and structures in existence
at the time of the adoption of this article may have their existing
use continued if such use was legal at the time of adoption of this
article, provided such continued use is not dangerous to life.
B.
Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to that required of a new structure without requiring the existing structure to comply with all of the requirements of this article, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. Any building, or structure plus new additions shall not exceed the height in stories specified for new buildings in Chapter 400, Zoning, of the Code of the Township of Coolbaugh.
(1)
Structural and fire-resistance-rated limits. Alterations or repairs
to an existing structure which are structural or adversely affect
any structural member or any part of the structure having a required
fire-resistance rating shall be made with materials required for a
new structure.
Upon notice from the Building Code Official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is
being done contrary to the provision of this article shall immediately
cease. Such notice shall be in writing and shall be given to the owner
of the property, or to his/her agent, or to the person doing the work
and shall state the specific violations and the conditions under which
the work may be resumed. Where an emergency exists, the Building Code
Official shall not be required to give a written notice prior to stopping
the work.
The Township elects to administer and enforce the Pennsylvania
Energy Conservation Act, as defined in Act 45 and the Energy Conservation
Code.
Prior to the effective date of this article, the Township Supervisors
shall, by resolution, adopt a policy providing for a transition period
within which the requirements hereunder may be waived provided proof
satisfactory to the Township is submitted that a binding contract
for construction was entered into within 90 days prior to the effective
date hereunder.
[Adopted by Ord. No. 5-4-2004 (Ch. 5, Part 2, of the 1999 Code
of Ordinances)]
Coolbaugh Township hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 to 7210.1103, as amended from time
to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of Coolbaugh Township,
Monroe County, Pennsylvania.
Administration and enforcement of the code within Coolbaugh
Township shall be undertaken in any of the following ways as determined
by the Board of Supervisors of Coolbaugh Township from time to time
by resolution:
A.
By the designation of an employee of Coolbaugh Township to serve
as the municipal code official to act on behalf of Coolbaugh Township.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Coolbaugh Township.
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 Coolbaugh Township.
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.
A Board of Appeals shall be established by resolution of the
Board of Supervisors of Coolbaugh Township 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.
A.
All building code ordinances or portions of ordinances which were
adopted by Coolbaugh 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 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 Coolbaugh Township
not governed by the code shall remain in full force and effect.
Fees assessable by Coolbaugh Township for the administration
and enforcement shall be established by the Board of Supervisors by
resolution from time to time.
