[HISTORY: Adopted by the Board of Supervisors of the Township of
Bern 6-1-2004 by Ord. No. 211-2004. Amendments
noted where applicable.]
Bern Township hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101
through § 7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 PA Code, Chapters 401
through 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the building code of Bern Township.
Administration and enforcement of the code within Bern Township shall
be undertaken in any of the following ways as determined by the Bern Township
Board of Supervisors, from time to time, by resolution:
A.
By the designation of an employee of Bern Township to
serve as the Bern Township Code Official to act on behalf of Bern Township;
B.
By the retention of one or more construction code officials
or third-party agencies to act on behalf of Bern 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 contact with another municipality
for the administration and enforcement of this Act on behalf of Bern Township;
and
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 the governing
body of this municipality 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 boards 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 this municipality 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 requirement 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 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
this municipality 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 Bern Township through separate resolution.
Fees assessable by Bern Township for the administration and enforcement
undertaken pursuant to this chapter and the code shall be established by Bern
Township through resolution from time to time.
[Added 2-1-2005 by Ord. No. 217-2005]
In addition to all types of construction, placement of structures, repairs,
and alterations for which the Uniform Construction Code requires a permit,
the Township, pursuant to the authorization of Act 92 of 2004, shall require
persons to obtain permits under the Bern Township Construction Code for all
of the following:
A.
The construction, erection, or placement of any accessory
structure which is equal to or greater than 200 square feet, whether or not
such accessory structure is connected to any utility,
B.
The construction, erection, or placement of any accessory
structure which is less than 200 square feet if such accessory structure is
provided with any utility service. The applicant shall obtain a permit only
for the purpose of inspection for the utility or utilities being installed
or provided to the accessory structure.
C.
All alterations or repairs to residential buildings which
are exempt from the UCC by Act 92 of 2004; provided, however, that the following
types of alterations and repairs shall continue to be exempt and no permit
will be required.
(1)
Replacement of windows and doors when there is no change
in the size of the existing opening.
(2)
Reroofing of less than 25% of the total existing roof
square footage.
(3)
Replacement of hot water heater, boiler or furnace, or
the replacement of any part of a hot water heater, boiler or furnace with
the same efficiency rating, electrical and plumbing requirements.
(4)
Addition or replacement of siding on the exterior of
the residential structure.
(5)
Repair or replacement of any nonstructural portion of
a deck, porch or stoop.
(6)
Replacement of an appliance switch or receptacle with
a switch or receptacle which is the same or has a like rating.
(7)
The addition of one appliance switch or receptacle.
(8)
The repair or replacement of any nonstructural member.
(9)
The repair or replacement of any sink, toilet, tub, shower
or similar plumbing fixture without relocation of any drain or venting device.
[Added 11-1-2004 by Ord. No. 215-2004]
A.
STRUCTURAL
UTILITY AND MISCELLANEOUS USE STRUCTURE
Section 103 of the Pennsylvania Construction Code Act,
Act 45 of 1999, adopted by reference by the Township of Bern on June 1, 2004,
is hereby amended to add and/or to alter thereto, in alphabetical order, these
additional defined terms to read as follows:
Any work involving the supporting elements in foundations, walls,
floors, ceilings, or roofs.
Buildings or structures of an accessory character and miscellaneous
structures not classified by the Building Officials and Code Administrators
International, Inc., in any specific use group. The term includes carports,
detached private garages, greenhouses and sheds having a building area less
than 200 square feet and not exceeding the one-story level. The term does
not include swimming pools and spas.
B.
Amendment to code.
(1)
Bern Township, in accordance with Section 503 (C) of
Act 45 of 1999, desires to amend Section 104B(5) of Act 93 of 2004, as adopted
by reference by Bern Township on June 1, 2004, to read as follows:
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Section 104 Application
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(B)
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Exclusion
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(5)
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(a)
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The Township will require permits and set standards for renovations
and repairs to residential buildings that involve:
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(i)
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structural modification;
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(ii)
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plumbing, supply and waterline relocation;
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(iii)
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HVAC modifications;
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(iv)
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electrical placement modifications.
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(b)
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The Township shall not require permits for the following:
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(i)
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roof covering replacement;
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(ii)
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window and door replacement of like kind;
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(iii)
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siding replacement;
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(iv)
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plumbing fixtures and piping replacement in the same location;
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(v)
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HVAC duct replacement in the same location;
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(vi)
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electrical wire, outlet and switch replacement other than electrical
panel upgrade.
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(2)
The Township of Bern, in conformity with Section 503(c)
of Act 45 of 1999 elects to enforce and adopt Section RI 05.2 of the International
Residential Code of 2003, which reads as follows:
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R105.2. Work Exempt from Permit.
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1.
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One-story detached accessory structures, provided the floor area does
not exceed 200 square feet (18.58 m2).
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2.
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Fences not over six feet (1,829 mm) high.
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3.
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Retaining walls that are not over four feet (1219 mm) in height measured
from the bottom of the footing to the top of the wall, unless supporting a
surcharge.
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4.
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Water tanks supported directly upon grade if the capacity does not exceed
5,000 gallons (18,927 L) and the ratio of height to diameter or width does
not exceed 2 to 1.
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5.
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Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade and not over any basement or story below.
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6.
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Painting, papering, tiling, carpeting, cabinets, countertops and similar
finish work.
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7.
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Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
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8.
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Swings and other playground equipment accessory to a one- or two-family
dwelling.
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9.
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Window awnings supported by an exterior wall which do not project more
than 54 inches (1,372 mm) from the exterior wall and do not require additional
support.
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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.
Any and all other ordinances, which conflict herewith, are hereby repealed.
The provisions of this chapter are severable, and if any section, sentence,
clause or provision hereof shall be held illegal, invalid or unconstitutional
by any court of competent jurisdiction, such decision of the court shall not
affect or impair the remaining sections, sentences, clauses or provisions
of this chapter. It is hereby declared to be the intent of the Board that
this chapter would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause or provision had not been included herein.
The provisions of this chapter, so far as they are the same as those
of ordinances and regulations in force immediately prior to the enactment
of this chapter, are intended as a continuation of such ordinances and regulations
and not as new enactments. The provisions of this chapter shall not affect
any act done or liability incurred, nor shall they affect any suit of prosecution
pending or to be instituted to enforce any repealed ordinances or regulations.
