Township of Muhlenberg, PA Chapter 150 Construction Codes, Uniform

[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg as indicated in article histories. Amendments noted where applicable.]

Article I Administration and Enforcement of Codes

[Adopted 6-14-2004 by Ord. No. 393 (Ch. 61, Art. I, of the 1982 Code)]

§ 150-1 Election to administer and enforce.

[Amended 6-15-2015 by Ord. No. 545; 8-27-2018 by Ord. No. 575; 6-17-2019 by Ord. No. 581; 12-20-2021 by Ord. No. 605]

The Township of Muhlenberg 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 by adopting and incorporating herein by reference the Uniform Construction Code contained in 34 Pa. Code, Chapters 401 to 405, as amended from time to time, as the Municipal Building Code of the Township of Muhlenberg. By way of clarification, by electing to administer and enforce the provisions of the Pennsylvania Construction Code Act, the Township adopts the building codes, including the International Building Code, the International Existing Building Code, the International Energy Conservation Code, the International Mechanical Code, the International Plumbing Code, the International Electrical Code, the International Residential Code, the International Fuel Gas Code and the International Wildlife-Urban Interface Code, 2018 revisions, as the same were amended by the commonwealth, thereby amending Chapter 11 and Appendix E of the International Building Code and the accessibility provisions of the International Existing Building Code, the International Plumbing Code and the International Swimming Pool and Spa Code, and, to the full extent permitted, such other future revisions or amendments thereto as the commonwealth adopts, as the Municipal Building Code of the Township, and any such future revision or amendment adopted by the commonwealth shall be a part of the Municipal Building Code of the Township without any additional ordinance or other action of the Township. Notwithstanding the provisions of § 150-5 of this article, this section shall apply to all construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance or demolition of every building and/or structure occurring in the Township of Muhlenberg on or after February 14, 2022.

§ 150-2 Completion of code.

[Amended 11-15-2010 by Ord. No. 493]

The international construction codes which collectively comprise the code contain provisions which must be completed by the municipality adopting the code. The Township of Muhlenberg hereby adopts the following to complete the code:

A. At any provision of the code which requires the insertion of "Name of Jurisdiction" or "Insert Name of Jurisdiction," there shall be inserted "Township of Muhlenberg, Berks County, Pennsylvania";

B. At any provision of the code which requires the insertion of "Jurisdiction to Insert Appropriate Schedule," there shall be inserted "Fees shall be paid in accordance with the schedule of fees established from time to time by resolution of the Board of Commissioners";

C. At any provision of the code which requires the insertion of "Specify Offense," "Dollar Amount" and "Number of Days," in the same subsection, there shall be inserted "Summary Offense," "$1,000" and "90 days," respectively;

D. At any provision of the code which requires the insertion of "Specify Percentage," there shall be inserted "75%";

E. At any provision of the code which requires the insertion of "Amount" in two parts of the same subsection there shall be inserted "$600" in the first to appear and "$1,000" in the second to appear;

F. In Section 305.6.1 of the International Plumbing Code where the insertion of "Number" is required in two places, there shall be inserted "36 inches" in both locations;

G. In Section 904.1 of the International Plumbing Code where the insertion of "Number" is required, there shall be inserted "12 inches";

H. In Section 1201.2 of the International Existing Building Code where the insertion of "Date to be Inserted by Jurisdiction" is required, there shall be inserted "July 1, 2004";

I. In Section 1612.3 of the International Building Code where the insertion of "Insert Date of Issuance" is required, there shall be inserted "May 21, 2001";

J. In Section 3412.2 of the International Building Code where the insertion of "Date to be Inserted by Jurisdiction" is required, there shall be inserted "July 1, 2004";

K. In Section P2603.6.1 of the International Residential Code where the insertion of "Number" is required in two places, there shall be inserted "36" in both places;

L. In Table R301.2(1) of the International Residential Code, the following shall be inserted in the table:

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

(1)	Ground snow load	30 psf
(2)	Wind speed (mph)	115
(3)	Seismic design category	C
(4)	Weathering	Severe
(5)	Frost line depth	36 inches
(6)	Termite	Moderate to heavy
(7)	Decay	Slight to moderate
(8)	Winter design temperature	13° F.
(9)	Ice shield underlayment required	Yes
(10)	Flood hazards	(a) Program entry 05/26/77; Muhlenberg Ordinance No. 357 dated 04/16/01;
		(b) FIRM effective 5/21/01;
(11)	Air freezing index	700
(12)	Mean annual temperature	51° F.

M. In Sections 3404.2.9.6.1 and 3406.2.4.4 of the International Fire Code, where the municipality is required to specify the geographical limits for the storage of various potentially dangerous liquids, the code shall state "Storage is prohibited in all zoning districts except Zones I-1 and I-2."

§ 150-3 Administration and enforcement.

Administration and enforcement of the code within this Township shall be undertaken in any of the following ways as determined by the governing body of this Township from time to time by resolution:

A. By the designation of an employee of the Township to serve as the municipal code official to act on behalf of the Township;

B. By the retention of one or more construction code officials or third-party agencies to act on behalf of the 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 this 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.

§ 150-4 Board of appeals.

A board of appeals shall be established by resolution of the governing body of this 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.

§ 150-5 Prior ordinances.

A. All building code ordinances or portions of ordinances which were adopted by this 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 this Township not governed by the code shall remain in full force and effect.

§ 150-6 Fees.

Fees assessable by the Township for the administration and enforcement undertaken pursuant to this article and the code shall be established by the governing body of this Township by resolution from time to time.

§ 150-7 Violations and penalties.

[Added 6-15-2015 by Ord. No. 545]

Any person who shall violate any provision of the Municipal Building Code of the Township (as adopted by this article) shall, upon conviction, be sentenced to pay a fine of not more than $1,000. Each day's continuance of a violation of thereof shall constitute a separate offense.

§ 150-8 Effective date.

This article shall be effective July 1, 2004.

Article II Alterations and Repairs to Residential Buildings

[Adopted 6-18-2007 by Ord. No. 438; amended in its entirety 11-15-2010 by Ord. No. 493 (Ch. 61, Art. II, of the 1982 Code)]

§ 150-9 Definitions.

A. As used in this article, the terms "alteration," "repair" and "residential building" shall have the meanings given to them in Act 45,[1] as amended by SB 1139.

[1] Editor's Note: See 35 P.S. § 7210.101 et seq.

B. The definition of "utility and miscellaneous-use structure" in Act 45, as amended by SB 1139, is hereby amended as follows: "Buildings or structures of an accessory character and miscellaneous structures not classified by the International Code Council, Inc. in any specific group. The term includes carports, detached private garages, greenhouses, and sheds and all other such structures having a building area greater than 250 square feet. The term does not include swimming pools and spas."

§ 150-10 Regulation of alterations and repairs to residential buildings.

Subsections 7210.104(b)(5) and (6) of the Act[1] 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 Construction Codes"), as amended from time to time and as they apply to the alteration and repair of residential buildings.

[1] Editor's Note: See 35 P.S. § 7210.104(b)(5) and (6).