§ 150.15 ADOPTION OF INTERNATIONAL EXISTING BUILDING CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL BUILDING CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL CODE COUNCIL ELECTRICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL FUEL GAS CODE AND INTERNATIONAL RESIDENTIAL CODE.
(A) Adoption by reference.
(1) The borough hereby adopts by reference, the building code known as the Pennsylvania Construction Code as set forth in the Pennsylvania Construction Code Act 45 of 1999, three copies of which are on file in the office of the Secretary/Treasurer of the borough, as well as International Existing Building Code, International Fire Code, International Building Code, International Energy Conservation Code, International Mechanical Code, International Code Council Electrical Code, International Plumbing Code, International Property Maintenance Code, International Fuel Gas Code and International Residential Code for the purposes of establishing rules and regulations, for the construction, alteration, equipment, fire protection and safety of buildings and structures, including administration, building permits and penalties, and each and all of the regulations, provisions, penalties, conditions and terms of the Pennsylvania Construction Code, are hereby referred to adopted, and made a part hereof as if fully set forth in this code of ordinances, with the additions, insertions, deletions and changes, if any, and the same are hereby adopted and incorporated as fully as set out at length herein. From the date on which this section shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures, and in all other subjects therein contained, within the corporate limits of the borough.
(2) (a) The borough 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.
(b) 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 Municipal Building Code of the borough.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL BUILDING. A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals. The term shall not include habitable space, spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.
BOARD OF APPEALS. The body created by a municipality or more than one municipality to hear appeals from decisions of the Code Administrator as provided for by the International Codes.
BOROUGH. The Borough of Tatamy, Northampton County, Pennsylvania.
CODE ADMINISTRATOR. A municipal code official, a construction code official, a third party agency or the Department of Labor and Industry.
CONSTRUCTION CODE OFFICIAL. An individual certified by the Department of Labor and Industry in an appropriate category established pursuant to 35 P.S. § 7210.701(b) to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in such code category under this Act or related acts.
DEPARTMENT. The Department of Labor and Industry of the commonwealth.
HABITABLE SPACE. Space in a structure for living sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas shall not be construed as HABITABLE SPACES.
HEALTH CARE FACILITY. As defined in 35 P.S. § 448.802a, known as the Health Care Facilities Act, 35 P.S. §§ 448.101 to 448.904b.
ICC. The International Code Council.
INDUSTRIALIZED HOUSING. The term shall have the meaning ascribed to it in the Industrialized Housing Act (35 P.S. §§ 1651.1 to 1651.12).
MANUFACTURED HOUSING. Housing which bears a label, as required by and referred to in the Manufactured Housing Construction and Safety Standards Authorization Act (35 P.S. §§ 1651.1 to 1651.12).
MUNICIPAL CODE OFFICIAL. An individual employed by a municipality or more than one municipality and certified by the Department of Labor and Industry under this Act to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this Act or related acts.
MUNICIPALITY. A city, borough, incorporated town, township or home rule municipality.
NCSBCS. The National Conference of State Building Codes and Standards.
OCCUPANCY. The purpose for which a building, or portion thereof, is used.
TECHNICALLY INFEASIBLE. An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.
THIRD-PARTY AGENCY. A person, firm or corporation certified by the Department of Labor and Industry as a construction code official and contracted to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations under this Act.
UNIFORM CONSTRUCTION CODE. The code established pursuant to the Pennsylvania Construction Code Act 45 of 1999.
UTILITY AND MISCELLANEOUS USE STRUCTURES. 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 500 square feet. The term does not include swimming pools or spas.
(C) Administration. This Code shall be administered by and enforced within the borough by a third party agency which shall be designated by the borough on an annual basis to act on behalf of the borough for administration and enforcement of this Act.
(D) Appeals.
(1) A Board of Appeals shall be established by resolution of the borough 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. The borough shall appoint the members to the Appeals Board. Members of Borough Council may not serve as members of the Board of Appeals.
(2) An application for appeal shall be based on a claim that the true intent of this Act or regulations legally adopted under this Act have been incorrectly interpreted, the provisions of this Act do not fully apply or an equivalent form of construction is to be used.
(3) In the event the borough cannot find individuals to serve on the Board of Appeals who meet the minimum qualifications as set forth in Code, the borough may fill the position on the Board with a qualified person who resides outside of the borough.
(E) Considerations of applications and inspections.
(1) Applications for construction permits.
(a) Every application for a construction permit for one-family and two-family dwelling units and utility and miscellaneous use structures shall be granted or denied, in whole or in part, within 15 business days of the filing date. All other construction permits shall be granted or denied, in whole or in part, within 30 business days of the filing date. The borough may establish different time limits to consider applications for construction permits in historic districts.
(b) If an application is denied in whole or in part, the Code Administrator shall set forth the reasons in writing.
(c) If the Code Administrator fails to act on an application for a construction permit for one-family and two-family dwelling units and utility and miscellaneous use structures within the time prescribed, the application shall be deemed approved. The time limits established in this section for permit applications other than one-family and two-family dwellings may be extended upon agreement in writing between the applicant and the municipality and Code Enforcement Officer for a specific number of additional days.
(d) The Code Administrator shall submit a copy of the report to the borough. No certificate of occupancy shall be issued for a building unless it meets all of the provisions of the Uniform Construction Code or has been granted a variance for the requirements it does not meet.
(2) Highway occupancy permit.
(a) No building permit shall be issued for any property which will require access to a highway under the jurisdiction of the Department of Transportation, unless the permit contains a notice that a highway occupancy permit is required pursuant to the State Highway Law (35 P.S. §§ 670-101 through 670-1102), before driveway access to a state highway is permitted.
(b) The Department of Transportation shall, within 60 days of the date of receipt of an application for a highway occupancy permit:
1. Approve the permit;
2. Deny the permit;
3. Return the application for additional information or correction to conform with regulations of the Department of Transportation; or
4. Determine that no permit is required, in which case the Department of Transportation shall notify the municipality and applicant in writing.
(c) 1. If the Department of Transportation fails to take any action within the 60-day period, the permit shall be deemed to be issued. The permit shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit.
2. Notwithstanding the provisions of division (E)(2)(c)1. above, if the highway occupancy permit requires a determination by the United States Department of Transportation, the Pennsylvania Department of Transportation shall have 60 days from the receipt of the determination to take action on the permit or the permit shall be deemed to be issued.
(d) 1. Neither the Department of Transportation nor any municipality to which permit-issuing authority has been delegated under § 420 of the State Highway Law shall be liable in damages for any injury to persons or property arising out of the issuance or denial of a driveway permit, or for failure to regulate any driveway.
2. The municipality from which the building permit approval has been requested shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by the Department of Transportation.
(3) Financial interest prohibited. A Code Administrator shall not review or approve any plans for or construction of any building or structure in which the Code Administrator has any financial interest.
(F) Fees.
(1) The borough shall assess fees for the administration and enforcement undertaken pursuant to this section and the Code.
(2) The fees shall be set by the Borough Council by resolution from time to time.
(Ord. 205, passed 12-1-2003; Ord. 210, passed 4-5-2004) Penalty, see § 150.99