Township of Upper Darby, PA Chapter 262 Construction Codes, Uniform

[HISTORY: Adopted by the Township Council of the Township of Upper Darby as indicated in article histories. Amendments noted where applicable.]

Article I Election to Administer and Enforce UCC

[Adopted 6-16-2004 by Ord. No. 2936]

§ 262-1 Election to administer and enforce.

The 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 the same may be amended from time to time, and any regulations promulgated thereunder.

§ 262-2 Adoption of Uniform Construction Code.

The Uniform Construction Code, contained in 34 Pa. Code Chapters 401 to 405, as the same may be amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code for the Township, with the following amendments (the Pennsylvania Construction Code Act and the Uniform Construction Code shall hereinafter be referred to as the "code"):

A. Section 403.42(c)(1)(ii) is hereby deleted;

B. Section 403.42(c)(1)(iv) is hereby deleted;

C. Section 403.42(c)(1)(v) is amended to read as follows: "Sidewalks not more than 30 inches above grade and that are not located over a basement or story below it and which are not part of an accessible route";

D. Section 403.43(c) is amended as follows: "A building code official shall stamp or place a notation on the cover sheet of the set of reviewed construction documents (indicating) that the documents were reviewed and approved for Uniform Construction Code compliance before the permit is issued. The building code official shall clearly mark any required nondesign changes on the construction documents. The building code official shall return a set of the construction documents with this notation and any required changes to the applicant. The permit holder shall keep a copy of the construction documents at the work site open to inspection by the construction code official or an authorized representative";

E. Section 403.46(b)(6) is hereby deleted;

F. Section 403.46(b)(7) is hereby deleted;

G. Section 403.46(b)(9) is amended as follows: "The date of issuance";

H. Section 403.62(c)(1)(iii) is hereby deleted;

I. Section 403.62(c)(1)(iv) is amended as follows: "Sidewalks that are 30 inches or less above adjacent grade and not placed over a basement or story below it";

J. Section 403.62(c)(1)(xi) is amended as follows: "Replacement of existing roof and siding material that does not exceed 25% of the total roof area performed within any twelve-month period";

K. Section 403.62(c)(1)(xiii) is hereby deleted;

L. Section 403.62(c)(1)(xvii) is hereby deleted;

M. Section 403.62(c)(6)(iv) is amended as follows: "Repair of air conditioning equipment and systems";

N. Section 403.63(c) is amended as follows: "A building code official shall stamp or place a notation on the cover sheet of the set of reviewed construction documents that the documents were reviewed and approved for Uniform Construction Code compliance before the permit is issued. The building code official shall clearly mark any required nondesign changes on the construction documents. The building code official shall return a set of the construction documents with this notation and any required changes to the applicant. The permit holder shall keep a copy of the construction documents at the work site open to inspection by the construction code official or an authorized representative";

O. Section 403.63(g) is amended as follows: "A permit becomes invalid unless the authorized construction work begins within 180 days after the permit's issuance or if the authorized construction work permit is suspended or abandoned for 180 days after the work has commenced. A permit holder may submit a written request for an extension of time to commence construction for just cause. The building code official may grant extensions of time to commence construction in writing. A permit may be valid for no more than two years from its issuance."

§ 262-3 Insertions into uniform codes.

The following insertions into the following uniform codes are adopted as part of the code.

A. International Building Code.

(1) Section 1612.3: "Upper Darby Township."

(2) Section 1612.3: "September 30, 1993."

(3) Section 3410.2: "June 18, 2004."

B. ICC Electrical Code.

(1) Section 101.1: "Upper Darby Township."

(2) Section 404.2: "See Township Fee Ordinance, as same may be amended from time to time."

C. International Energy Conservation Code.

(1) Section 101.1: "Upper Darby Township."

D. International Fire Code.

(1) Section 101.1: "Upper Darby Township."

(2) Section 109.3: [SPECIFY OFFENSE] - misdemeanor.

(a) [AMOUNT] - $1,000.

(b) [NUMBER OF DAYS] - 30 days.

(3) Section 111.4: [AMOUNT] - $300.

(a) [AMOUNT] - $1,000.

E. International Fuel Gas Code.

(1) Section 101.1: "Upper Darby Township."

(2) Section 106.5.2: "See Township Fee Ordinance, as same may be amended from time to time."

(3) Section 108.4: [SPECIFY OFFENSE] - misdemeanor.

(a) [AMOUNT] - $1,000.

(b) [NUMBER OF DAYS] - 30 days.

(4) Section 108.5: [AMOUNT] - $300.

(a) [AMOUNT] - $1,000.

F. International Mechanical Code.

(1) Section 101.1: "Upper Darby Township."

(2) Section 106.5.2: "See Township Fee Ordinance, as same may be amended from time to time."

(3) Section 108.4: [SPECIFY OFFENSE] - misdemeanor.

(a) [AMOUNT] - $1,000.

(b) [NUMBER OF DAYS] - 30 days.

(4) Section 108.5: [AMOUNT] - $300.

(a) [AMOUNT] - $1,000.

G. International Plumbing Code.

(1) Section 101.1: "Upper Darby Township."

(2) Section 106.6.2: "See Township Fee Ordinance, as same may be amended from time to time."

(3) Section 108.4: [SPECIFY OFFENSE] - misdemeanor.

(a) [AMOUNT] - $1,000.

(b) [NUMBER OF DAYS] - 30 days.

(4) Section 108.5: [AMOUNT] - $300.

(a) [AMOUNT] - $1,000.

(5) Section 305.6.1: "36 inches."

(6) Section 904.1: "12."

H. International Residential Code.

(1) Section R101.1: "Upper Darby Township."

(2) Section R301.2(1): "Information available from Director of Licenses and Inspection."

(3) Section P2603.6.1: "36 inches."

(4) Section P3103.1: "12 inches."

I. International Existing Building Code.

(1) Section 101.1: "Upper Darby Township."

(2) Section 1201.2: "June 18, 2004."

§ 262-4 Administration and enforcement.

A. Administration and enforcement of the code within the Township shall be undertaken in one or more of the following ways, at the discretion of the Mayor:

(1) By the designation of an employee or employees of the Township to serve as code official(s) to act on behalf of the Township; or

(2) By the retention of one or more construction code officials or third-party agencies to act on the Township's behalf.

B. The Mayor shall have the power to split administration of the code between an employee and one or more third parties, at his discretion.

§ 262-5 Board of Appeals.

A Board of Appeals shall be established by resolution of Township Council, upon recommendation by the Mayor, in conformity with the requirements of the relevant provisions of the code, as the same may be amended from time to time, and for the purposes set forth therein. Anyone making any appeal to the Board of Appeals shall be required to pay the fee set forth in the then applicable Township Fee Ordinance.

§ 262-6 No effect on other ordinances.

All relevant ordinances, regulations and policies of the Township not governed by the code shall remain in full force and effect.

§ 262-7 Fees.

Fees assessable by the Township for the administration and enforcement undertaken pursuant to this article and the code shall be set forth in the Township Fee Ordinance, as the same may be amended from time to time.

§ 262-8 Survival.

If any section, subsection, sentence or clause of this article is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions hereof.

§ 262-9 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

This article shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this article. Each subsection of this article that is violated shall constitute a separate violation of this article.

Article II Additional Regulations

[Adopted 3-16-2005 by Ord. No. 2946]

§ 262-10 Definitions.

A. The terms "alteration," "repair" and "residential building" shall have the meanings given to them in Act 45, as amended by SB 1139.

B. The definition of "utility and miscellaneous used structure" in Act 45, as amended by SB 1139, is hereby amended to read as follows:

Buildings or structures of an accessory character and miscellaneous structures not classified by the Building Officials and Code Administrators International, Inc.,[1] in any specific group. The term includes carports, detached private garages, greenhouses, sheds and all other such structures. The term does not include swimming pools and spas.

[1] Editor's Note: See now the International Code Council.

C. For the purpose of this article, a structure shall contain a "utility" if it has any connections to a source of natural gas, heating oil, electricity or water or similar conveyances.

§ 262-11 Regulation of alterations and repairs to residential buildings.

Subsections 104(B)(5) and (6) of the Act are hereby deleted, and the Township shall enforce the International Building Code, the ICC Electrical Code, the International Energy Conservation Code, the International Fire Code, the International Fuel Gas Code, the International Mechanical Code, the International Plumbing Code, the International Residential Code and the International Existing Building Code (collectively, "uniform codes"), as they apply to the alteration and repair of residential buildings, and require permitting for all such alterations and repairs.

§ 262-12 Regulation of utility and miscellaneous-use structures.

A. Section 104(B)(3) of the Pennsylvania Uniform Construction Code Act (the "Act"), exempting utility and miscellaneous-use structures accessory to detached one-family dwellings from regulation under the Act, is deleted.

B. Utility and miscellaneous-use structures having a building area less than 120 square feet, and not containing any utilities, are exempt from all permitting requirements under the Act.

C. Utility and miscellaneous-use structures less than 120 square feet that contain utilities will require permitting for those utilities.

D. All utility and miscellaneous-use structures must comply with the various uniform codes that comprise the Pennsylvania Uniform Construction Code.

§ 262-13 Other ordinances.

Nothing in this article shall be interpreted to relieve any individual from compliance with all other ordinances, resolutions, laws and regulations of the Township, the County of Delaware, the Commonwealth of Pennsylvania or the United States.