[HISTORY: Adopted by the Borough Council of the Borough of
Adamstown 6-1-2004 by Ord. No.
311. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Adamstown
Borough Construction Code Ordinance."
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 Department of Labor and Industries Regulations.
Borough Council desires to adopt and administer the Pennsylvania Uniform
Construction Code and establish administrative and enforcement regulations.
In accordance with Section 302(a) of the Pennsylvania Construction
Code Act, this chapter 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 Adamstown Borough
Construction Code.
[Amended 1-9-2007 by Ord.
No. 335]
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 Department of
Labor and Industries Regulations, as such regulations and standard
codes adopted by such regulations may be amended from time to time,
as the Adamstown 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
BOROUGH COUNCIL
BUILDING CODE OFFICIAL
CONSTRUCTION CODE OFFICIAL
(1)
(2)
(3)
(4)
(5)
DEP
INTERMUNICIPAL AGREEMENT
L & I
L & I REGULATIONS
PENNSYLVANIA CONSTRUCTION CODE ACT
THIRD-PARTY AGENCY
UNIFORM CONSTRUCTION CODE
Section 202, Definitions, is amended by inserting the following definitions
in alphabetical order:
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
The governing body of the Borough.
A Borough official certified by the Department of Labor and
Industries under Section 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.
A third-party agency registered with the Borough certified
by the Department of Labor and Industries 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. Any third-party
agency desiring to register as a construction code official shall
meet the following requirements:
The third-party agency shall provide evidence of certification
by the Department of Labor and Industries under Section 103 of the
Pennsylvania Construction Code Act identifying all categories in which
the third-party agency has obtained such certification.
The third-party agency shall present evidence that PPL Utilities
and Metropolitan Edison have approved the third-party agency to perform
electrical inspections within the Borough.
The third-party agency shall submit to the Borough annually,
at the time of registration, a certificate of insurance indicating
that the third-party agency has obtained insurance in the amounts
required by the L & I Regulations.
The third-party agency shall pay an annual registration fee
to the Borough in the amount established by ordinance or resolution
of Council in order to review plans and/or perform inspections under
this construction code within the Borough. If one or more individuals
are employees or partners of a third-party agency, payment of the
registration fee by the firm in the name of the firm shall satisfy
the requirement.
Each third-party agency desiring to be registered to serve as
a construction code official within the Borough must register annually.
Registration shall be valid from January 1 to December 31 of each
calendar year.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The agreement among Adamstown Borough, Denver Borough, and
West Cocalico Township establishing the Cocalico Area Appeals Board.
The Department of Labor and Industries of the Commonwealth
of Pennsylvania.
All regulations adopted by the Department of Labor and Industries
to implement the Pennsylvania Construction Code Act.
Act 45 of 1999, 35 P.S. § 7210.101 et seq., as
amended.
A person, firm or corporation certified by the Department
of Labor and Industries as a construction code official and which
may be contracted to perform plan review of construction documents,
inspect construction or administer and enforce codes under the Pennsylvania
Construction Code Act.
The code adopted pursuant to the Pennsylvania Construction
Code Act and the L & I Regulations.
B.
Section 1612.3 is amended by inserting "Adamstown Borough" and "April
19, 2005" in the respective blanks.
[Amended 1-9-2007 by Ord.
No. 335]
C.
Section 3410.2 is amended by inserting the date of July 8, 1980,
for residential dwellings and July 8, 1980, 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 Adamstown Borough Construction Code. The administrative provisions of other codes which the Department of Labor and Industries has made part of the UCC, including but not limited to the International Residential Code/2003, are not part of the Adamstown 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, and the L & I Regulations to the Adamstown Borough Construction Code are as follows:
A.
Section 101.1. Insert "Borough of Adamstown, Lancaster and Berks
Counties, Pennsylvania."
B.
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, Stormwater Management Ordinance, Borough Development Improvement Regulations Ordinance (Chapter 265),[1] 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.
C.
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."
D.
Section 101.4.5 shall be deleted in its entirety.
E.
Section 103, Department of Building Safety, shall be deleted in its
entirety and a new Section 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.
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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.
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103.2.2 The third-party agencies who have registered
with the Borough may serve as a construction code official. A construction
code official shall perform plan review of construction documents.
A construction code official may also inspect construction, provide
the building code official with reports of inspections and recommendations
upon issuance or denials of certificates of occupancy and, if requested
by the building code official, assist in administration and enforcement
of this construction code.
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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.
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F.
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."
G.
H.
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)
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, Public Works
Department, Zoning Hearing Board, Lancaster and Berks Counties 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 and/or stormwater 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."
I.
A new Section 108.1.2 shall be inserted which shall provide as follows:
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 administrative fees. Applicants shall pay
directly to the construction code official costs incurred for the
review of an application and construction documents prior to the issuance
of a permit. Applicants shall pay to the construction code official
costs incurred for all inspections required during construction prior
to the issuance of a certificate of use and occupancy for the structure
for which the permit has been issued.
J.
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.
K.
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)
Sections 403.64(g) shall be deleted in its entirety.
M.
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)
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)
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.
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 Cocalico Area Appeals Board as the Board of Appeals under the
Adamstown Borough Construction Code. Members of the Cocalico 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 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.
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.A. § 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 or 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.
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.
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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 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.
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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.
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.
Q.
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: 30 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, 1980
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Air freezing index: 1,000
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Mean annual temperature: 50°
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It is expressly intended that the provisions of this chapter
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 1, 2 or 4,[1] in effect prior to the effective date of this chapter,
prosecution may be initiated against the alleged offender pursuant
to the provisions of said prior regulations, and the provisions and
penalties provided in said chapter and parts prior to the effective
date of this chapter shall remain effective as to said violation.
[1]
Editor's Note: Chapter 5, Code Enforcement, Part 1, BOCA National
Building Code; Part 2, Fire Prevention Code; and Part 4, CABO One-
and Two-Family Dwelling Code, of the 1970 Code of Ordinances, were
repealed and replaced by Ord. No. 311, adopted 6-1-2004.
