Title 1. Standards Adopted

Article 1701
UNIFORM CONSTRUCTION CODE

Sections:

1701.01  Adoption of Uniform Construction Code.

1701.02  Authority.

1701.03  Contents of Uniform Construction Code.

1701.04  Definitions.

1701.05  Supplemental standards.

1701.06  Administration and enforcement.

1701.07  Prohibited conduct.

1701.08  Fees.

1701.09  Board of appeals.

1701.10  Appeals board membership.

1701.11  Appeal procedure.

1701.12  Conduct of board of appeals.

1701.13  Penalties.

1701.14  Other remedies.

1701.15  Minimum requirements – Greater restriction to control.

1701.16  Maintenance of code for public use.

1701.01 Adoption of Uniform Construction Code.

The Uniform Construction Code as defined in this article and as established from time to time by the Pennsylvania Department of Labor and Industry or its successor, in accordance with the provisions of the Pennsylvania Construction Code Act, as amended, is adopted by reference as and for the building and construction code of and for the City of Meadville. (Ord. 3607 § 2, 2004)

1701.02 Authority.

The authority for the adoption of the Uniform Construction Code is found in Section 501 of the Pennsylvania Construction Code Act and Section 303 of the Optional Third Class City Charter Law (53 P.S. Section 41303) and Section 4131 of the Third Class City Code (53 P.S. Section 39131). (Ord. 3607 § 2, 2004)

1701.03 Contents of Uniform Construction Code.

The Uniform Construction Code hereby adopted by reference shall consist of the following identified codes as adopted by regulation of the Pennsylvania Department of Labor and Industry and as published by the International Code Council, Inc. and such other codes and successive and replacement codes as may be designated and adopted, from time to time, by regulation of the Pennsylvania Department of Labor and Industry, or its successor, as part of the Uniform Construction Code in accordance with the Pennsylvania Construction Code Act. The current codes comprising the Uniform Construction Code are Chapters 2 through 29, and 31 through 35 of the International Building Code, 2003 Edition; ICC Electrical Code, 2003 Edition; International Mechanical Code, 2003 Edition; International Fuel Gas Code, 2003 Edition; International Plumbing Code, 2003 Edition; International Fire Code, 2003 Edition; International Residential Code, 2003 Edition; the International Energy Conservation Code, 2003 Edition; Sections AE501 through AE503 and AE601 through AE605 of Appendix E of the International Residential Code; International Existing Building Code; International Urban-Wildland Interface Code; Appendix E of the International Building Code; Appendix H of the International Building Code; and Appendix G of the International Residential Code. The codes designated and adopted from time to time by the Pennsylvania Department of Labor and Industry or its successors shall automatically become the Uniform Construction Code for the City of Meadville upon adoption by the Department of Labor and Industry and shall be incorporated herein by reference without further action of the city council unless otherwise required by law. (Ord. 3607 § 2, 2004)

1701.04 Definitions.

The definitions set forth in the Pennsylvania Construction Code Act, the regulations of the Pennsylvania Department of Labor and Industry and the Uniform Construction Code, as amended from time to time, are hereby incorporated as definitions applicable to the administration and enforcement of the Uniform Construction Code. In addition, when used in this code, the following words and terms shall have the following meanings:

(A) "City" shall mean the City of Meadville, the city council of the city, and its designated officials and representatives.

(B) "Building code official," "construction code official," "municipal code official," "code official" or "code officer" shall have the same meanings ascribed in the Pennsylvania Construction Code Act and Department of Labor and Industry regulations and in addition shall be the person or persons qualified under the Pennsylvania Construction Code Act and Department of Labor and Industry regulations to perform the required administrative, inspection and enforcement responsibilities, who are employed or appointed in accordance with this code to perform those functions.

(C) "Department of Labor and Industry" or "L&I" shall mean the Pennsylvania Department of Labor and Industry or its successors.

(D) "Owner" shall mean any person with a legal or equitable ownership interest in property, and any person holding title to property by deed or other instrument duly recorded in the records of Crawford County.

(E) "Persons responsible" shall mean any persons in possession or control of real estate by reason of a lease, contract or other legal right or claim, and all persons performing work for the owner or person responsible.

(F) "Pennsylvania Construction Code Act" shall mean Act 45 of November 10, 1999, P.L. 491, as amended, found in 35 P.S. Section 7210.101, et seq., as same shall be amended from time to time.

(G) "Person" shall mean any corporation, partnership, business trust, other association, estate, trust, foundation, natural person, governing authority for a county or municipality or any governmental entity other than the commonwealth. In any provisions of this code prescribing a fine or penalty, the term "person" shall include the officers and directors of any corporation or other legal entity with officers and directors.

(H) "Uniform Construction Code" or "UCC" shall be the code and codes identified in MMC 1701.03 and such other code and codes adopted and established by the Pennsylvania Department of Labor and Industry, from time to time, in accordance with the provisions of the Pennsylvania Construction Code Act, as amended. (Ord. 3607 § 2, 2004)

1701.05 Supplemental standards.

The following sections of the codes adopted as part of the Uniform Construction Code or their successor codes are hereby modified by addition of the standards set forth below:

(A) The Climatic and Geographic Design Criteria of Table R301.2(1) of the International Residential Code shall read as follows:

(B) For purposes of the International Building Code and International Residential Code, unless otherwise established, the frost line depth shall be 42 inches.

In the event a standard applicable in the city has not been established in a provision of a code comprising the Uniform Construction Code, in the regulations of L&I, or in this article, the city council may by resolution adopt and designate a standard approved by the city’s engineer. (Ord. 3607 § 2, 2004)

1701.06 Administration and enforcement.

(A) The Uniform Construction Code shall be administered and enforced in the City of Meadville in accordance with the applicable provisions of the Pennsylvania Construction Code Act and regulations established from time to time by the Pennsylvania Department of Labor and Industry under the supervision of the city manager.

(B) Administration and enforcement shall be provided in any one of the following ways:

(1) The city manager may employ or designate a qualified employee to serve as a construction code official and building code official.

(2) With approval of the city council, the city manager may contract with third-party agencies, or qualified building or construction code officials.

(3) With approval of the city council, the city manager may contract with the Department of Labor and Industry for plan reviews, inspection and enforcement of structures other than one-family and two-family dwelling units and utility and miscellaneous-use structures. At the direction of city council, the city may contract with another municipality or delegate the administration and enforcement to an intergovernmental agency under authority of the Pennsylvania Intergovernmental Cooperation laws.

(4) Some combination of the above.

(C) Permits and certificates of occupancy shall only be issued by the building code official employed, appointed or designated by the city.

(D) Plan reviews and inspections shall be performed only by the construction code officials, third party agencies or other qualified persons employed, appointed or designated by the city, or as may otherwise be approved by the city manager and the designated construction code official.

(E) The city manager may employ, retain, or designate technical assistants and qualified deputy inspectors or deputy code officials on a temporary and as-needed basis to assist in the administration and enforcement of the Uniform Construction Code.

(F) Issuance of permits, plan reviews, inspections, certificates of occupancy, enforcement notices and proceedings shall be undertaken in conformity with the applicable requirements of the Pennsylvania Construction Code Act, the regulations adopted from time to time by the Pennsylvania Department of Labor and Industry, and this article.

(G) Building code officials, construction code officials and inspectors shall have those powers provided by and under the Uniform Construction Code and applicable L&I regulations and shall exercise those powers in accordance with the provisions of the Uniform Construction Code and applicable L&I regulations. (Ord. 3607 § 2, 2004)

1701.07 Prohibited conduct.

No person shall erect, construct, install, enlarge, alter, repair, improve, move, replace, convert, demolish, equip, use, occupy, change occupancy, or maintain a building or structure or part thereof, or erect, install, enlarge, alter, replace, repair, move, or convert an electrical, gas, mechanical, or plumbing system regulated under the Uniform Construction Code, or cause or permit the same to be done:

(A) Without a permit issued by an authorized building code official in accordance with the requirements of the Uniform Construction Code and applicable regulations; or

(B) In a manner contrary to or in violation of any provisions of the Uniform Construction Code, applicable regulations of the Pennsylvania Department of Labor and Industry, applicable provisions of this code, permits issued under and in accordance with applicable codes and regulations, approved plans and construction documents and any orders properly issued by the building code official. (Ord. 3607 § 2, 2004)

1701.08 Fees.

Fees for the administration and enforcement of the Uniform Construction Code including, but not limited to, fees for permits, plan reviews, inspections, certificates of occupancy, and appeals shall be those established by resolution of the city council from time to time. (Ord. 3607 § 2, 2004)

1701.09 Board of appeals.

There is hereby created a board of appeals to consider and decide appeals relating to the Uniform Construction Code in accordance with the applicable requirements of the Pennsylvania Construction Code Act and regulations of the Pennsylvania Department of Labor and Industry. (Ord. 3607 § 2, 2004)

1701.10 Appeals board membership.

The board of appeals shall consist of three members and three alternate members appointed by the city council, except that city council may establish an inter-municipal board of appeals by agreement with other participating municipalities that may be organized in a manner not inconsistent with applicable governing laws and regulations. A member of the appeals board shall be qualified by training and experience to pass on matters pertaining to building construction. Training and experience shall consist of licensure as an architect or engineer, substantial experience in the construction industry or such other training and experience as may be appropriate for purposes of considering such appeals. Board members and alternates may include a person with substantial training and experience in the plumbing, electrical and mechanical trades and in fire safety. Members appointed to the board should not be from the same profession or occupation. A member of the board may be appointed who is not a resident of the city if a qualified person within the city is not found who satisfies the requirements. The appeals board shall select one of its members to be chairman. Appeals board members and alternates shall be appointed or reappointed at the organization meeting or at such time as a vacancy occurs. A member of the board holds office at the pleasure of the city council. No member of city council or person employed by the city in any capacity involving the administration or enforcement of the UCC can be a member of the appeals board. No appeals board member may participate in any appeal in which he has a personal, professional or financial interest. Board members’ service shall be uncompensated unless city council by resolution provides otherwise. (Ord. 3607 § 2, 2004)

1701.11 Appeal procedure.

A person adversely affected by a decision of the building or construction code officer shall have the right to appeal to the board of appeals; provided, that the appeal is filed within 15 days of the day the decision, notice or order was served by the building or construction code officer or within such other time as may be provided by applicable statute or regulation. An application for appeal shall be based on a claim that the true intent of the act or Uniform Construction Code has been incorrectly interpreted, the provisions of the act or Uniform Construction Code do not fully apply or an equivalent form of construction is to be used. An owner or owner’s agent may seek a variance or extension of time or appeal a building code official’s decision by filing a petition with the building code official or other person designated by the city manager on a form provided by the City. (Ord. 3607 § 2, 2004)

1701.12 Conduct of board of appeals.

(A) The board of appeals shall hear and rule on appeals, requests for variances and requests for extensions of time in accordance with the applicable requirements and provisions of the UCC and the L&I regulations, and specifically those regulations found in Sections 403.121 and 403.122 of the L&I regulations or amendments thereto.

(B) The board of appeals shall conduct an appeal in accordance with the requirements of the regulations of the Pennsylvania Department of Labor and Industry, as adopted from time to time, as well as this code. Hearings and appeal proceedings shall also be conducted in accordance with the provisions of the Pennsylvania Local Agency Law, 2 PA C.S. Section 551, et seq., and in accordance with the applicable requirements of the Pennsylvania Sunshine Law, 65 PA C.S. Sections 701 through 716.

(C) Unless modified by an intermunicipal agreement establishing an intermunicipal board of appeals, for purposes of considering an appeal, the board shall consist of three members and, whenever possible, one of the board members considering an appeal should be a member with experience in the subject matter of the appeal. For example, if the appeal involves an electrical code provision, a member with electrical code experience should sit as a member of the board hearing the appeal. For this purpose, the chairman of the board shall have authority to substitute an alternate member for a regular member to consider appeals.

(D) The city manager may designate a person to serve as secretary to the board. The secretary shall maintain a record of all proceedings of the board. Special counsel, appointed by city council and approved by the regular members of the code appeals board, may be retained, as necessary, to advise the board.

(E) A board of appeals shall decide an appeal, variance request or request for extension of time by reviewing documents and written brief or argument unless the owner or owner’s agent requests a hearing.

(F) A board of appeals shall hold a hearing within 60 days from the date of an applicant’s request unless the applicant agreed in writing to an extension of time.

(G) If a stenographic record is requested by appellant or is required for any reason, as determined by the chairman of the board of appeals, reasonable stenographic fees shall be paid by the appellant.

(H) Action may be taken by a quorum of the members of the board who have considered the appeal.

(I) The board of appeals shall provide a written notice of its decision to the owner, building code official and the city manager. (Ord. 3607 § 2, 2004)

1701.13 Penalties.

Consistent with the authority set forth in Section 303 of the Optional Third Class City Charter Law and Section 903 of the Pennsylvania Construction Code Act, any person who shall violate a provision of the Uniform Construction Code, applicable regulations of the Pennsylvania Department of Labor and Industry, or a provision of this code, or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building or structure or part thereof in violation of an approved plan or directive of the building or construction code officer or in violation of a permit or certificate issued under the provisions of the Uniform Construction Code and this code, or who shall fail to comply with an order issued by the building or construction code officer shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not more than $1,000 plus costs, and in default of payment, shall be sentenced to imprisonment for not more than 30 days. Each day that a violation continues shall be deemed a separate violation. (Ord. 3607 § 2, 2004)

1701.14 Other remedies.

In addition to the penalties provided above, the city shall have the following enforcement remedies, all of which may be pursued simultaneously or in the alternative, as deemed appropriate:

(A) Upon recommendation of the building or construction code officer, the city may institute an action at law or in equity against the person responsible for a violation for the purpose of securing an order:

(1) To restrain, correct or remove the violation and to refrain from any further violation.

(2) To restrain or correct the erection, installation, alteration or condition of a structure, or premises, to require the removal of work in violation.

(3) To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of the UCC or otherwise unfit for occupancy.

(4) To abate a public nuisance, or other health or safety hazard to the public created by violation of the UCC.

(5) To secure compliance with orders of the building or construction code officer relating to repairs and correction of violations.

(6) To obtain any appropriate remedy or relief allowed by law in the event of an unsafe building, building unfit for human occupancy, emergency situation or other public nuisance.

(B) In the event the building or construction code officer determines that action to correct a violation or to abate a public nuisance may require the demolition or removal of any structure or part thereof, or other action likely to cause injury to real or personal property, the building or construction code officer shall make reasonable efforts to identify and locate all persons with an ownership interest in such property and serve them with notice of any orders affecting said property.

(C) In the event the building code official determines, based on reasonable investigation, that the condition of a structure, property or equipment in violation of the UCC creates a serious health or safety hazard or a public nuisance which (1) necessitates immediate or prompt corrective action to protect the public health, safety or welfare, or (2) necessitates immediate action by the city to protect the public health, safety or welfare, the building code official shall provide written notice of the conditions creating the hazards, the violations of the UCC creating these conditions, and the corrective actions to be taken to protect the public health and safety and the time limit within which such action must be taken. This notice shall be served upon the owners, responsible persons and any other persons affected by such action by personal service, whenever possible, and by posting a copy in a conspicuous place on or about the property or structure. In the event personal service cannot be made, then said notice shall be served by both certified mail, return receipt requested, and regular mail to the last known address.

(D) In the event the building code official determines that the condition constituting a violation creates an imminent threat of harm to the public which necessitates immediate corrective action to protect the public health, safety or welfare, the building code official, after consultation with the city manager and other designated city officials, may take appropriate emergency action to provide for the protection of the public after making reasonable attempts, depending on the urgency of the situation, to notify the responsible persons and property owners of the violation, corrective action required, and planned city corrective action.

(E) In enforcement actions under subsections (C) and (D) of this section, if an aggrieved person requests a hearing, the building code official shall cause a hearing to be held by the code appeals board in as expeditious a manner as possible.

(F) In the event the city incurs expenses in conjunction with the correction or abatement of any violation of these codes which creates a serious health or safety hazard to the public, because of an emergency or because the persons responsible for the violation or property have failed to comply with orders issued by the building or construction code officer, such expense including reasonable attorneys’ fees and costs may be collected by means of a municipal lien against the subject property or by suit against the persons responsible for the violation or property, or in any other manner permitted by law. (Ord. 3607 § 2, 2004)

1701.15 Minimum requirements – Greater restriction to control.

In interpreting and applying provisions of the Uniform Construction Code, the UCC provisions shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this code to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed or preempted by this code, or the Pennsylvania Construction Code Act, or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land to which the city is a party. Where this code imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this code shall control. Where any existing provision of any law, ordinance, contract or deed imposes a greater restriction than this code, the provisions of the law, ordinance, contract or deed shall control. (Ord. 3607 § 2, 2004)

1701.16 Maintenance of code for public use.

The city shall maintain the Uniform Construction Code at the city office which shall be available for public use, inspection and copying during regular business hours. (Ord. 3607 § 2, 2004)