Borough of New Stanton, PA Part 2 UNIFORM CONSTRUCTION CODE

§ 5-201 Adoption of Code.

[Ord. No. 2004-208, 7/8/2004]

1. Uniform Construction Code. The Borough of New Stanton hereby adopts the Uniform Construction Code (hereinafter referred to as "code"), as designated and defined by the Pennsylvania Construction Code Act[1] (hereinafter referred to as "Act"), as amended and supplemented, and the regulations promulgated by the Department of Labor and Industry thereunder (hereinafter referred to as "regulations"), as amended and supplemented from time to time, as provided in said Act and regulations, as the Borough of New Stanton Building Code. The Uniform Construction Code, contained in 34 Pa. Code Chapters 401 to 405, consists of the following:

A. The provisions of Chapters 2 to 29 and 31 to 35 of the "International Building Code 2003" (First Printing). This includes all errata issued by the International Code Council;

B. The "ICC Electrical Code - Administrative Provisions 2003" (First Printing). This includes all errata issued by the International Code Council;

C. The "International Mechanical Code 2003" (First Printing). This includes all errata issued by the International Code Council;

D. The "International Fuel Gas Code 2003" (First Printing) and its Appendixes. This includes all errata issued by the International Code Council;

E. The "International Plumbing Code 2003" (First Printing) and its Appendixes. This includes all errata issued by the International Code Council;

F. The "International Residential Code 2003" (First Printing), Chapter 43 and Appendixes A, B, C, D, and L. This includes all errata issued by the International Code Council;

G. The "International Fire Code 2003" and Appendixes B, C, D, E, F, and G (First Printing). This includes all errata issued by the International Code Council;

H. The "International Energy Conservation Code 2003", and the Appendix (First Printing). This includes all errata issued by the International Code Council;

I. Sections AE 501 to AE 503 and AE 601 to AE 605 of Appendix E of the "International Residential Code 2003" (First Printing). This includes all errata issued by the International Code Council;

J. The "International Existing Building Code for Buildings and Facilities 2003" (First Printing), and the Appendix. This includes all errata issued by the International Code Council;

K. The "International Urban-Wildlife Interface Code 2003", and Appendices, A, B, C, D, E, F, G and H (First Printing). This includes all errata issued by the International Code Council;

L. Appendix E of the "International Building Code 2003" (First Printing). This includes all errata issued by the International Code Council;

M. Appendix H of the "International Building Code 2003" (First Printing). This includes all errata issued by the International Code Council;

N. Appendix G of the "International Residential Code 2003" (First Printing). This includes all errata issued by the International Code Council.

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

2. The hereinafter set forth sections of the above-referenced codes, which form a part of the Uniform Construction Code, are hereby completed, modified or revised as follows:

A. References to "jurisdiction" or "municipality" shall mean the Borough of New Stanton.

B. The International Building Code Section 1612.3, insert August 5, 1997.

C. The International Building Code Section 3410.2, insert July 8, 2004.

D. The ICC Electrical Code Section 404.2, insert "as set forth in a separate resolution adopted by the Borough Council."

E. International Mechanical Code Section 106.5.2, insert "as set forth in a separate resolution adopted by the Borough Council."

F. International Mechanical Code Section 106.5.3(2), insert "0%" and Section 106.5(3)(3), insert "75%."

G. International Mechanical Code Section 108.4, insert "summary offense" in the specific offense portion; insert "up to $500" for the amount of fine; and insert "30 days" for the term of imprisonment.

H. International Mechanical Code Section 108.5, insert "a fine of not less than $10 nor more than $1,000."

I. International Fuel Gas Code Section 106.5.2, insert "as set forth in a separate resolution adopted by the Borough Council."

J. International Fuel Gas Code Section 106.5.3(2), insert "0%" and Section 106.53(3), insert "75%".

K. International Fuel Gas Code Section 108.4, insert "summary offense" in the specific offense portion; insert "up to $500" for the amount of fine; and insert "30 days" for the term of imprisonment.

L. International Fuel Gas Code Section 108.5, insert "not less than $10 nor more than $1,000."

M. International Plumbing Code Section 106.6.2, insert "as set forth in a separate resolution adopted by the Borough Council."

N. International Plumbing Code Section 108.4, insert "summary offense" in the specific offense portion; insert "up to $1,000" for the amount of the fine; and insert "30 days" for the term of imprisonment.

O. International Plumbing Code Section 106.6.3 (2), insert "0%" and Section 106.6.3(3), insert: "75%".

P. International Plumbing Code Section 108.5, insert "not less than $10 nor more than $1,000."

Q. International Plumbing Code Section 305.6.1, insert 40 inches in both locations.

R. International Plumbing Code Section 904.1, insert 24 inches.

S. International Residential Code Table R 301.2(1), insert the following:

(1) Ground Snow Load: 30 lbs.

(2) Wind Speed (mph): 90.

(3) Seismic Design Category: C.

(4) Weathering: severe.

(5) Frost Line Depth: 40 inches.

(6) Termite: moderate to heavy.

(7) Decay: slight to moderate.

(8) Winter Design Temp.: 5° F.

(9) Ice Shield Underlayment: Yes.

(10) Flood Hazard Map dated August 5, 1997.

T. International Residential Code Section P2603.6.1, insert 40 inches in both places.

U. International Residential Code Section P3103.1, insert 24 inches in both places.

V. International Fire Code Section 109.3, insert "summary offense" in the (specific offense) portion; insert "up to $500" for the amount of the fine; and insert "30 days" for the term of imprisonment.

W. International Fire Code Section 111.4, insert $300 and $1,000.

X. International Fire Code Sections 3204.3.1.1, 3404.2.9.5.1, 3406.2.4.4 and 3804.2, insert "Any area mapped on the current FEMA Flood Mapping as a flood area (Maps are dated August 5, 1997)."

Y. International Existing Building Code Section 1201.2, insert "July 8, 2004."

§ 5-202 Administration and Enforcement.

[Ord. No. 2004-208, 7/8/2004]

1. The Borough of New Stanton hereby elects to administer and enforce this Part, the code, the Act and regulations pursuant to the authority and procedures of said code, Act and regulations by any and all of the means and manner as set forth in said code, Act and regulations, and by the means and manner as hereinafter set forth.

2. The administration and enforcement of this Part, the code, the Act and the regulations shall be undertaken and carried out in the following manner:

A. By the designation of an individual registered or certified as a building code official by the Department of Labor and Industry to serve as the Municipal Building Code Official, to administer and enforce this Part, the code, the Act and the regulations in the Borough of New Stanton, to issue building, occupancy and other permits and approvals, and to do and carry out any and all other functions and duties permitted and authorized of such an official with regard to buildings, uses and structures, under the Building Code, the Act and regulations and by the following additional means, methods and manner:

B. By designating one or more certified third-party agencies, as that term is defined in the regulations, to perform plan reviews, approvals and inspections (but not the issuance of building, compliance or occupancy permits), so long as any designated, certified third-party agency under contract with the Borough meets and maintains the following standards and criteria:

(1) Is certified as a third-party agency by the Department of Labor and Industry and provides proof of such certification, satisfactory to the Borough;

(2) Registers as a certified Uniform Construction Code third-party agency with the Borough, providing the name, address, contact person(s), phone and fax numbers, and email addresses for such agency and contact person; and further providing the specific certifications held by any and all persons performing services.

(3) Obtains, maintains in effect and provides to the Borough proof of all insurance required by the Department of Labor and Industry to be certified as a third-party agency, adding or including the Borough as an additional insured on said policy.

(4) Provides, in a proper and timely fashion, any and all reviews, approvals, inspections, denials, disapprovals and/or comments made, undertaken or communicated to any person requesting such agency's services.

(5) Immediately informs the Borough, in writing, if any person within, employed by or engaged by the agency, or the agency itself, loses any certification or registration or otherwise is precluded, prevented or directed to cease performing services by any department or agency having jurisdiction over such person or agency.

§ 5-203 Board of Appeals.

[Ord. No. 2004-208, 7/8/2004; as amended by Ord. No. 2017-255, 3/7/2017]

The Board of Appeals shall be established by an ordinance of the Borough entering into an intergovernmental cooperation agreement with the member municipalities of the Central Westmoreland Council of Governments who have likewise entered into an intergovernmental cooperation agreement with the CWCOG for the creation of a joint municipal board of appeals. This Board of Appeals is established and designated as a joint municipal board of appeals for the administration and enforcement of the Uniform Construction Code and the Borough's Building Code pursuant to the authority set forth in 35 P.S. § 7210.501(c)(1).

§ 5-204 Interpretation.

[Ord. No. 2004-208, 7/8/2004]

All ordinances, resolutions, regulations and policies of the Borough of New Stanton not affected, modified or repealed by this Part, the code, Act or regulations shall remain in full force and effect. In furtherance, but not limitation of, this section, the standards, requirements and regulations of the Borough and the Hempfield Township Municipal Authority with regard to sanitary sewer facilities remain in full force and effect as to those standards, requirements and regulations that are greater or more restrictive than those found in the code.

§ 5-205 Fees and Costs.

[Ord. No. 2004-208, 7/8/2004]

The Borough of New Stanton hereby imposes and assesses fees and costs for the administration and enforcement of said code, Act and regulations and this Part, which fees and costs shall be established by the Borough Council, by resolution, from time to time.

§ 5-206 Violations and Penalties.

[Ord. No. 2004-208, 7/8/2004]

Any person, firm or corporation that violates any provision of this Part, the codes, Act and/or regulations for which a penalty is not otherwise set forth herein commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000, and costs incurred by the Borough in enforcement of said violation. Each day that a violation exists and continues shall be a separate violation.

§ 5-207 Severability.

[Ord. No. 2004-208, 7/8/2004]

If any word, phrase, section, sentence, clause or part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, invalidity or illegality shall not affect or impair any of the remaining words, phrases, sections, sentences, clauses or parts of this Part. It is hereby declared to be the intent of the Borough Council that this Part would have been adopted had such unconstitutional, illegal or invalid word, phrase, section, sentence, clause or part thereof not been included therein.

§ 5-208 Repealer.

[Ord. No. 2004-208, 7/8/2004]

Any other ordinance or parts of ordinances in conflict with this Part are hereby specifically repealed.