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Borough of Schwenksville, PA
Montgomery County
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[HISTORY: Adopted by the Borough Council of the Borough of Schwenksville 6-10-2004 by Ord. No. 322. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 90.
Zoning — See Ch. 176.
Schwenksville Borough hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of Schwenksville Borough.
Administration and enforcement of the Code within Schwenksville Borough shall be undertaken in any of the following ways as determined by Schwenksville Borough Council from time to time by resolution:
A. 
By the designation of an agent or employee of Schwenksville Borough to serve as the municipal code official to act on behalf of Schwenksville Borough;
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality;
C. 
By agreement with one or more other municipalities for the point 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 Schwenksville Borough;
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.
A Board of Appeals shall be established by resolution of Schwenksville Borough Council 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.
A. 
All building code ordinances or portions of ordinances which were adopted by Schwenksville Borough 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 ordinance 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.
C. 
All relevant ordinances, regulations and policies of Schwenksville Borough not governed by the Code shall remain in full force and effect.
D. 
Climatic, geographic, and inside/outside environmental standards for the local area as required by the respective codes are to be established by Schwenksville Borough by separate resolution.
E. 
The provisions of the Pennsylvania Uniform Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended by Act 1 of 2004, and as amended from time to time, and its regulations contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, are hereby confirmed, and the following supplemental provisions, consistent with and in conformance with the same, are hereby added.
[Added 11-10-2016 by Ord. No. 388]
F. 
Residential 403.62(a) and Commercial 403.42(a) of the UCC: An owner or authorized agent of a residential property who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a structure; or erect, install, enlarge, alter, or repair a structure, or repair a roof in excess of 25% of the roof; and an owner or authorized agent of a residential or commercial property who intends to remove, convert or replace an electrical, gas, mechanical, or plumbing system regulated by the Uniform Construction Code shall first apply to the Building Code Official and obtain the required permit.
[Added 11-10-2016 by Ord. No. 388]
G. 
Residential 403.1(b)(3) of the UCC: An owner or authorized agent of a residential property who intends to construct or locate an accessory structure 250 square feet and larger shall first apply to the Building Code Official and obtain the required permit.
[Added 11-10-2016 by Ord. No. 388]
H. 
Residential 403.62(a) and Commercial 403.42(a): An owner or authorized agent of a residential or commercial property who intends to repair or replace a sewer lateral or water service shall first apply to the Building Code Official and obtain the required permit.
[Added 11-10-2016 by Ord. No. 388]
I. 
Residential 403.62(a) and Commercial 403.42(a): An emergency repair or replacement of equipment may be made without first applying for a permit if a permit application is submitted to the Building Code Official within three business days of the repair or replacement.
[Added 11-10-2016 by Ord. No. 388]
J. 
The following is a list taken from ACT 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103 (34 Pa. Code § 403.1, Scope, to § 403.62, Permit requirements and exemptions) of work where a permit is not required for construction on residentially used properties if the work does not violate a law or ordinance. Should any conflict between the Borough Code and the Uniform Construction Code (UCC) exist, the UCC shall govern:
[Added 11-10-2016 by Ord. No. 388]
(1) 
Section 403.1, Scope. The following structures, if the structure has a building area less than 250 square feet and is accessory to a detached one-family dwelling:
(a) 
Carports.
(b) 
Detached private garages.
(c) 
Greenhouses.
(d) 
Sheds.
(2) 
Section 403.62. The following building construction, replacement or repairs:
(a) 
Fences that are no more than six feet high.
(b) 
Retaining walls that are not over four feet in height measured from the lowest level of grade to the top of the wall unless the wall supports a surcharge.
(c) 
Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.
(d) 
Sidewalks located entirely outside of the right-of-way and driveways that are 30 inches or less above adjacent grade and not placed over a basement or story below it.
(e) 
Exterior or interior painting, papering, tiling, carpeting, flooring, cabinets, counter tops and similar finishing work.
(f) 
Prefabricated swimming pools that are less than 24 inches deep.
(g) 
Swings and other playground equipment accessory to a one- or two-family dwelling.
(h) 
Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support.
(i) 
Replacement of glass in any window or door. The replacement glass shall comply with the minimum requirements of the International Residential Code.
(j) 
Installation and replacement of a window, door, garage door, storm window and storm door in the same opening if the dimensions or framing of the original opening are not altered. The installation of means of egress and emergency escape windows may be made in the same opening, without altering the dimensions or framing of the original opening if the required height, width or net clear opening of the previous window or door assembly is not reduced.
(k) 
Replacement of existing roof material that does not exceed 25% of the total roof area performed within any twelve-month period.
(l) 
Replacement of existing siding.
(m) 
Repair or replacement of any part of a porch or stoop which does not structurally support a roof located above the porch or stoop.
(n) 
Installation of additional roll or batt insulation.
(o) 
Replacement of exterior rain water gutters and leaders.
(p) 
Installation of an uncovered deck where the floor of the deck is no more than 30 inches above grade.
(3) 
Minor electrical work for the following:
(a) 
Replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
(b) 
Replacement of a receptacle, switch or lighting fixture rated at 20 amps or less and operating at less than 150 volts to ground with a like or similar item. This does not include replacement of receptacles in locations where ground-fault circuit interrupter protection is required.
(c) 
Replacement of installed electrically operated equipment such as doorbells, communication systems and any motor operated device.
(d) 
Installation, alteration or rearrangement of communications wiring.
(e) 
Replacement of dishwashers.
(f) 
Replacement of kitchen range hoods.
(g) 
Installation of battery-powered smoke detectors.
(4) 
The following gas work:
(a) 
Portable heating, cooking or clothes drying appliances.
(b) 
Replacement of a minor part that does not alter approval of equipment or make this equipment unsafe.
(c) 
A portable fuel cell appliance that is not connected to a fixed piping system and is not interconnected to a power grid.
(5) 
The following mechanical work or equipment:
(a) 
A portable heating appliance.
(b) 
Portable ventilation appliances.
(c) 
A portable cooling unit.
(d) 
Steam, hot or chilled water piping within any heating or cooling equipment governed under the Uniform Construction Code.
(e) 
Replacement of any minor part that does not alter approval of equipment or make the equipment unsafe.
(f) 
Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are put into action by motors of one horsepower.
(g) 
Portable evaporative cooler.
(h) 
A portable fuel cell appliance that is not connected to a fixed piping system and is not interconnected to a power grid.
(6) 
The following plumbing work:
(a) 
Replacement of bib valves if the replacement hose bib valves are provided with an approved atmospheric vacuum breaker.
(b) 
Refinishing of existing fixtures.
(c) 
Replacement of ball cocks.
(d) 
Repair of leaks.
(e) 
Clearance of stoppages.
(f) 
Replacement of faucets or working parts of faucets.
(g) 
Replacement of valves other than shower or combination shower/bath valves.
(h) 
Replacement of exposed traps.
(i) 
Replacement of a water closet, lavatory or kitchen sink if the valves or pipes are not replaced or rearranged.
(j) 
Replacement of domestic clothes washers and dishwashers.
(7) 
The following heating, ventilation and air conditioning work:
(a) 
Replacement of motors, pumps and fans of the same capacity.
(b) 
Repair and replacement of heating, supply and return piping and radiation elements which do not require rearrangement of the piping system.
(c) 
Repair and replacement of duct work.
(d) 
Repair and replacement of air-conditioning equipment and systems.
(e) 
Repair and replacement of control devices for heating and air-conditioning equipment.
(f) 
Replacement of kitchen range hoods.
(g) 
Replacement of clothes dryers if there is no change in fuel type, location or electrical requirements.
(h) 
Replacement of stoves and ovens if there is no change in fuel type, location or electrical characteristics.
K. 
An ordinary repair does not require a permit. The following are not ordinary repairs:
[Added 11-10-2016 by Ord. No. 388]
(1) 
Cutting away a wall, partition or portion of a wall.
(2) 
The removal or cutting of any structural beam or load-bearing support.
(3) 
The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements.
(4) 
The addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical.
L. 
A permit is not required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is, by established right, under the ownership and control of a public utility as the term "public utility" is defined in 66 Pa.C.S.A. § 102 (relating to the definitions).
[Added 11-10-2016 by Ord. No. 388]
Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code, or who violates any condition attached to a permit, approval or certificate shall, upon conviction thereof, be guilty of a summary offense punishable by a fine of not less than $100 nor more than $1,000. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Fees assessable by the municipality for the administration and enforcement undertaken pursuant to this chapter and the Code shall be established by Schwenksville Borough Council by resolution from time to time.