Borough of Prospect Park - Code Enforcement

Borough of Prospect Park, Pennsylvania (Delaware County)

city

720 Maryland Avenue, Prospect Park, PA 19076

Required

No Borough of Prospect Park text read for this record says in words whether a residential reroof needs a building permit. The Borough's Construction Permit Application lists "Roof" among boxes under "TYPE OF WORK OR IMPROVEMENT," beside new building, addition, alteration, deck, garage, pool and shed. Separately, the Borough's Zoning Permit Application lists "Roof Repairs" among types of work, with shed, fence, sign, siding and window work, and the fee schedule says "All non UCC permit applications fees will be as scheduled below," pricing zoning permits by the cost of the work, from $90.00 for work up to $1,000.00. No Borough page read for this record says in words whether a reroof needs either permit. Section 67-5 keeps in force building code ordinances adopted on or before July 1, 1999 that equal or exceed the code, and Chapter 60 (Ordinance No. 1156 of 1994) adopts "The BOCA National Building Code, Twelfth Edition, 1993" as the Building Code of the Borough; its local changes name no roof work, and this record has not read that model code's text. The Borough's development chapter adds that "A permit shall be required prior to the erection or alteration of any building, structure or portion thereof, including signs" (Section 70-73), with no roof words. Under state law, Act 45 section 104(b)(5) and (6) list "Alterations to residential buildings which do not make structural changes or changes to means of egress" and "Repairs to residential buildings" among work the Act does not apply to, "except as might be required by ordinances in effect pursuant to section 303(b)(1) or adopted pursuant to section 503," and 34 Pa. Code 403.62(c) says "A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following, if the work does not violate a law or ordinance." The Construction Permit Application is filed "with two (2) copies of plans, specifications, and a rough plot plan when applicable- NO DIGITAL PLANS" and asks for the contractor's PA State License Number. The Borough office, at 610-532-1007, is open Monday to Wednesday 9AM to 5PM, Thursday 9AM to 7PM and Friday 9AM to 4PM. Read for this answer: Chapters 60, Building Construction, and 67, Construction Codes, Uniform, of the Borough's code in full; Article XIV, Administration, of Chapter 70, Development; every page of a code-wide search for "roof" and for "reroofing," which found no permit provision naming roof work; the Code Enforcement page and the Forms, Permits, and Applications library; the Construction Permit Application; the Zoning Permit Application; and the Borough Fee Schedule, effective January 1, 2024.

The 2021 International Residential Code, as adopted by the State in the Pennsylvania Uniform Construction Code (UCC). 34 Pa. Code 403.21(a)(7) adopts "The 'International Residential Code of 2021,' except that:" followed by the State's list of exclusions and modifications, effective January 1, 2026 (55 Pa.B. 7701). None of the State's changes touches Chapter 9, Roof Assemblies, or Section R803, Roof Sheathing, so those apply as the International Code Council publishes them. Work on existing buildings is also pointed to the State's existing-building code: "The repair, alteration, change of occupancy, addition and relocation of existing buildings must comply with Chapter 34 of the 'International Building Code of 2021' or with the 'International Existing Building Code of 2021'" (34 Pa. Code 403.21(f)). The UCC is the minimum everywhere in the state: "no municipality may propose or enact any ordinance which is less than the minimum requirement of the Uniform Construction Code" (Pennsylvania Construction Code Act, Act 45 of 1999, section 503(b)). The Act also lists work it "shall not apply to", including "Alterations to residential buildings which do not make structural changes or changes to means of egress" or to "Repairs to residential buildings," in each case "except as might be required by ordinances" kept in force under section 303(b)(1) or adopted under section 503 (Act 45 section 104(b)(5) and (6); 34 Pa. Code 403.1(b)(8) and (9)). The Act defines a repair as "The reconstruction or renewal of any part of an existing building for the purpose of its maintenance." So whether the code's roofing rules reach a given house reroof depends on the municipality's own ordinances. Everything above is Pennsylvania state law, the same in every municipality. Locally, The Borough of Prospect Park elects to administer and enforce the Pennsylvania Construction Code Act and adopts the Uniform Construction Code as its municipal building code (Code, Chapter 67, Ordinance No. 1251 of 2004); construction permit applications go to the Borough office at 720 Maryland Avenue, and the Borough's fee schedule says "The Building Code Official will review applications which come under the PA Uniform Construction Code (UCC) and determine the permit fee," referring to the "Code Inspections Inc. Fee Schedule," the third-party agency the Borough's document library lists as its building inspector. The Borough's pages name no code edition, and the pre-1999 building code its Chapter 60 adopts is the BOCA National Building Code, 1993, kept in force by Section 67-5 to the extent it equals or exceeds the code; this record has not read that code's text and does not decide which edition the Borough applies.

No Borough of Prospect Park text read for this record says in words whether a residential reroof needs a building permit. The Borough's Construction Permit Application lists "Roof" among boxes under "TYPE OF WORK OR IMPROVEMENT," beside new building, addition, alteration, deck, garage, pool and shed. Separately, the Borough's Zoning Permit Application lists "Roof Repairs" among types of work, with shed, fence, sign, siding and window work, and the fee schedule says "All non UCC permit applications fees will be as scheduled below," pricing zoning permits by the cost of the work, from $90.00 for work up to $1,000.00. No Borough page read for this record says in words whether a reroof needs either permit. Section 67-5 keeps in force building code ordinances adopted on or before July 1, 1999 that equal or exceed the code, and Chapter 60 (Ordinance No. 1156 of 1994) adopts "The BOCA National Building Code, Twelfth Edition, 1993" as the Building Code of the Borough; its local changes name no roof work, and this record has not read that model code's text. The Borough's development chapter adds that "A permit shall be required prior to the erection or alteration of any building, structure or portion thereof, including signs" (Section 70-73), with no roof words. Under state law, Act 45 section 104(b)(5) and (6) list "Alterations to residential buildings which do not make structural changes or changes to means of egress" and "Repairs to residential buildings" among work the Act does not apply to, "except as might be required by ordinances in effect pursuant to section 303(b)(1) or adopted pursuant to section 503," and 34 Pa. Code 403.62(c) says "A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following, if the work does not violate a law or ordinance." State law sets no square-footage or percentage threshold for roof work; any threshold is set locally. The Uniform Construction Code "does not apply to" "Alterations to residential buildings which do not make structural changes or changes to means of egress, except as required by ordinances in effect under sections 303(b)(1) or 503 of the act" or to "Repairs to residential buildings, except as required by ordinances in effect under sections 303(b)(1) and 503 of the act" (34 Pa. Code 403.1(b)(8) and (9)), and "A permit is not required for the exceptions listed in § 403.1(b) (relating to scope) and the following, if the work does not violate a law or ordinance" (34 Pa. Code 403.62(c)). For houses the regulation adds: "An ordinary repair does not require a permit." Its list of work that is not an ordinary repair names cutting away a load-bearing wall, "The removal or cutting of any structural beam or load-bearing support," changes to a required means of egress, and new or relocated piping, wiring or mechanical work (34 Pa. Code 403.62(d)); roofing is not named. A municipality may require more: under Act 45 section 503(c) it "may enact ordinances pursuant to this section which adopt additional code requirements for alterations or repairs to residential buildings," after a public hearing and after filing the proposed ordinance with the Department of Labor and Industry. These rules concern a "Residential building," which the regulation defines as "Detached one-family and two-family dwellings and townhouses which are not more than three stories above grade plane in height with a separate means of egress and their accessory structures" (34 Pa. Code 401.1). Everything above is Pennsylvania state law, the same in every municipality. Locally, The Borough of Prospect Park elects to administer and enforce the Pennsylvania Construction Code Act and adopts the Uniform Construction Code as its municipal building code (Code, Chapter 67, Ordinance No. 1251 of 2004); construction permit applications go to the Borough office at 720 Maryland Avenue, and the Borough's fee schedule says "The Building Code Official will review applications which come under the PA Uniform Construction Code (UCC) and determine the permit fee," referring to the "Code Inspections Inc. Fee Schedule," the third-party agency the Borough's document library lists as its building inspector. No Borough text read for this record sets an area or cost threshold for roof work.

Two layers at most where the state code reaches the job. Pennsylvania adopts the 2021 International Residential Code without changing its reroofing section, R908 (34 Pa. Code 403.21(a)(7); the State's list of changes names no Chapter 9 section). Section R908.3.1.1 says "A roof recover shall not be permitted where any of the following conditions occur," and the third condition is "Where the existing roof has two or more applications of any type of roof covering." So one existing layer may be covered once, and a roof that already has two layers is torn off to the deck. The same section also bars a recover "Where the existing roof or roof covering is water soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing" and "Where the existing roof covering is slate, clay, cement or asbestos-cement tile." The existing-building code the State also adopts, the 2021 International Existing Building Code (34 Pa. Code 403.21(f)), carries the same three conditions in Section 705.2.1.1. These rules bind work the Uniform Construction Code reaches. The Act does not apply to "Repairs to residential buildings" or to alterations that make no structural change, "except as might be required by ordinances" (Act 45 section 104(b)(5) and (6)), so whether R908 binds a particular house reroof turns on that exclusion and on the municipality's own ordinances. Everything above is Pennsylvania state law, the same in every municipality. Locally, The Borough of Prospect Park elects to administer and enforce the Pennsylvania Construction Code Act and adopts the Uniform Construction Code as its municipal building code (Code, Chapter 67, Ordinance No. 1251 of 2004); construction permit applications go to the Borough office at 720 Maryland Avenue, and the Borough's fee schedule says "The Building Code Official will review applications which come under the PA Uniform Construction Code (UCC) and determine the permit fee," referring to the "Code Inspections Inc. Fee Schedule," the third-party agency the Borough's document library lists as its building inspector. Chapter 60's local changes change nothing in that code's roofing provisions, and the Borough's pages say nothing on roof layers. The Borough's pages name no code edition, and the pre-1999 building code its Chapter 60 adopts is the BOCA National Building Code, 1993; the text above is the 2021 edition's, the 1993 BOCA code's reroofing text was not read for this record, and this record does not decide which edition the Borough applies.

State rules from the base code, where the state code reaches the job. Pennsylvania adopts the 2021 International Residential Code without changing Section R803, Roof Sheathing (34 Pa. Code 403.21(a)(7); the State's changes to Chapter 8 are to ridge framing and attic ventilation). Lumber roof sheathing follows Table R803.1: over rafters or beams 24 inches apart it must be at least 5/8 inch net thick. Wood structural panels "shall be identified for grade, bond classification and performance category by a grade mark or certificate of inspection issued by an approved agency," and their spans "shall not exceed the values set forth in Table R503.2.1.1(1) or APA E30." For shingles, "Asphalt shingles shall be fastened to solidly sheathed decks" (R905.2.1), and on any reroof "The structural roof components shall be capable of supporting the roof covering system and the material and equipment loads that will be encountered during installation of the roof covering system" (R908.2). These rules bind work the Uniform Construction Code reaches; the Act does not apply to "Repairs to residential buildings" or to alterations that make no structural change, "except as might be required by ordinances" (Act 45 section 104(b)(5) and (6)). Act 45 section 104(b)(5) excludes alterations "which do not make structural changes or changes to means of egress" and says only that "a structural change does not include a minor framing change needed to replace existing windows or doors"; 34 Pa. Code 403.62(d)(2) lists "The removal or cutting of any structural beam or load-bearing support" as not an ordinary repair. Neither names roof sheathing; this record does not decide whether replacing it is either. Everything above is Pennsylvania state law, the same in every municipality. Locally, The Borough of Prospect Park elects to administer and enforce the Pennsylvania Construction Code Act and adopts the Uniform Construction Code as its municipal building code (Code, Chapter 67, Ordinance No. 1251 of 2004); construction permit applications go to the Borough office at 720 Maryland Avenue, and the Borough's fee schedule says "The Building Code Official will review applications which come under the PA Uniform Construction Code (UCC) and determine the permit fee," referring to the "Code Inspections Inc. Fee Schedule," the third-party agency the Borough's document library lists as its building inspector. Chapter 60's local changes name no roof sheathing work, and the Borough's pages draw no line for roof sheathing. The Borough's pages name no code edition, and the pre-1999 building code its Chapter 60 adopts is the BOCA National Building Code, 1993; the text above is the 2021 edition's, the 1993 BOCA code's sheathing text was not read for this record, and this record does not decide which edition the Borough applies.

6% Pennsylvania sales and use tax, with a local tax added on purchases made in Allegheny County (1%) and Philadelphia (2%). On a reroof the roofer pays the tax on the materials and does not add it to the homeowner's bill. The Department of Revenue says: "The Pennsylvania sales tax rate is 6 percent. By law, a 1 percent local tax is added to purchases made in Allegheny County, and 2 percent local tax is added to purchases made in Philadelphia." Roof work is a construction activity: the rule's list of items "presumed to become a permanent part of real estate" includes "Roofing (repairs)" (61 Pa. Code 31.11). For construction activities, "A contractor shall pay tax upon the purchase price ... of all property, including materials, equipment, components and supplies, which he furnishes and installs" (61 Pa. Code 31.12(a)(1)), and the rule's example says the contractor "does not charge sales tax on this transaction to his customer. The contractor may include the tax he must pay in his bid proposal but not as a separately stated item." Apart from limited exceptions set out in the rule, the same holds on jobs for tax-exempt owners: "a contractor erecting a building, repairing a roof, replacing a door for a governmental agency, ... school district, charitable or religious organization, and the like, shall pay tax upon the property which he consumes" (61 Pa. Code 31.13(a)). Everything above is Pennsylvania state law, the same in every municipality. The Borough of Prospect Park is in Delaware County. The Borough's permit forms and fee schedule say nothing on sales tax.