[HISTORY: Adopted by the Board of Supervisors of the Township of Fairview 6-28-2004 by Ord. No. 2004-2 (Ch. 5, Part 1, of the 1991 Code of Ordinances). Amendments noted where applicable.]
[Amended 7-26-2004 by Ord. No. 2004-5; 1-29-2007 by Ord. No. 2007-1]
This municipality hereby elects to administer and enforce the provisions of the Pennsylvania Uniform Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations, as set forth in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, subject to the following modifications:
[Amended 4-30-2012 by Ord. No. 2012-3]
The code is hereby adopted and incorporated herein by reference as the municipal building code of Fairview Township. The following revisions are made to the respective codes, which shall be effective for all current and subsequent building code updates for equivalent sections of the respective codes, in conjunction with the UCC Act. Where conflicts arise, the UCC will apply:
International Residential Code.
Section R101.1, insert "Fairview Township."
Table R301.2(1), insert the following in quotation: Ground Snow Load = "30 pounds per square feet."; Wind Speed (MPH) = "90"; Seismic Design Category = "B"; Weathering = "Severe"; Frost Line Depth = "36 inches"; Termite = "Moderate to Heavy"; Decay = "Slight — Moderate"; Winter Design Temp = "20°"; Ice Shield Underlayment Required = "Yes"; Flood Hazards = "September 25, 2009"; Air Freezing Index = "784"; Mean Annual Temp. = "53.1°".
Section P2603.6.1, insert "42 inches to bottom of pipe"; "42 inches to bottom of pipe".
Section P3103.1, insert "six inches"; "three inches."
International Plumbing Code.
Section 106.6.3, insert "50%"; "50%."
Section 108.4, insert "summary"; "$1,000";
Section 108.5, insert "50"; $1,000."
Section 305.6.1, insert "42 inches"; "42 inches."
Section 904.1, insert "six inches."
International Fire Code.
Section 109.3, insert "summary"; "$1,000";
Administration and enforcement of the code within Fairview Township shall be undertaken in any of the following ways as determined by the Board of Supervisors of Fairview Township from time to time by resolution:
By the designation of an employee of the municipality to serve as the municipal code official to act on behalf of the municipality for administration and enforcement of the code;
By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality for administration and enforcement of the code;
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement under 53 Pa.C.S. Chapter 23, Subchapter A (relating to intergovernmental cooperation);
By entering into a contract with the proper authorities of another municipality for the administration and enforcement of this Act on behalf of this municipality. When such a contract has been entered into, the municipal code official shall have all powers and authority conferred by law in the municipality which has contracted to secure such services;
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan reviews, 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 Fairview 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. The Board of Appeals may be established by joint action of Fairview Township and other participating municipalities, as provided by law. 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.
The Building Code to be applied shall be determined by using the following criteria:
The Fairview Township Building Code Ordinance, No. 89-5, together with any amendments, is hereby repealed for all buildings for which permits are issued after the effective date of this chapter. It shall remain in full force and effect for any improvements for which complete permit applications were filed before the effective date of this chapter.
All building code ordinances or portions of ordinances which were adopted by this municipality on or before July 1, 1999, and which equal or exceed the requirements of the code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time, at which time the provisions of such ordinances shall be amended to provide for the minimum requirements of the regulations promulgated under the code.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
All relevant ordinances, regulations and policies of Fairview Township not governed by the code shall remain in full force and effect, and any permits required by Fairview Township ordinances, or state or federal statutes or regulations, which are not superseded by the code, including but not limited to, zoning, driveway, sewage, highway or NPDES permits, as applicable, shall continue to be required.
It is the intent of this chapter that, by adopting the code, Fairview Township adopts all building or other codes which have been adopted and mandated by the code, including but not limited to the International Fuel Gas Code, and, as the code is amended to include or adopt new or updated versions of any building or other codes, such codes automatically shall be updated as part of this chapter.
Final inspections and occupancy certificates as required under or issued in conjunction with the code shall be conducted and issued with, and at the same time as, final inspections and use and occupancy certificates required by Chapter 300, Zoning. No inspection or permit shall be conducted or issued under either this chapter or Chapter 300, Zoning, separately from the other. It shall be the responsibility of the applicant to request such inspections or permits from both the Township's Building Code Official and Zoning Enforcement Officer, who shall be responsible between them for coordinating the inspections and the issuance of the required permits within the time set by the code and Chapter 300, Zoning.
Any owner or person, as those terms are defined in the code, who or which violates or permits the violation of any provision of this chapter or of the code shall commit a summary criminal offense, and, upon conviction by a Magisterial District Judge, shall be subject to a fine of up to $1,000 plus costs, and imprisonment to the extent allowed by law for summary offenses for each violation. Each day of a violation, and each separate violation of this chapter or the code, shall be considered a separate violation.
Repealer. All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed.
Severability. If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Board of Supervisors that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
Effective date. This chapter shall become effective February 5, 2007.