Roofing in Millcreek Township (Erie County), Pennsylvania

Required

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, Millcreek Township administers the code through a retained firm. Its Uniform Construction Code page says "Millcreek Township began administering and enforcing the Uniform Construction Code on July 6, 2004." Section 29-54 of the Township's codified ordinances assigns plan review, permit applications, inspections and certificates of occupancy to "the firm retained by the Township under written contract to provide such services" and says "The Township shall not perform any such services itself or through its employees," and the Township documents on its UCC page say "the issuance of a construction or building permit and inspection of construction will be handled by Building Inspection Underwriter of Pennsylvania, Inc." as the Building Code Official. Those documents describe the 2004 adoption; the Township's current FAQ page still refers fire plan review to Building Inspection Underwriters. Chapter 29, Part 3, Uniform Construction Code, of the Township's codified ordinances (Ord. No. 2004-9) was read (its table of contents and Articles VII to IX). Section 29-49 adopts the codes listed in 34 Pa. Code 403.21, as amended, as the Township's construction code, and section 29-51 adds local design standards, among them "a roof snow load of 40 psf (pounds per square foot)". Section 29-52 applies the Part to the construction, alteration and repair of every building and says "Exceptions to application of the UCC as set forth in the Act and/or administrative regulations shall apply and are incorporated herein by reference." Section 29-55 says "Except as expressly authorized in the UCC or in the administrative regulations governing its implementation, no construction or other activity regulated by the UCC shall be conducted or commence without a permit therefor first being issued." No section names roof work, and a code-wide search for "roof" found no section naming roofing as permit work or as exempt. No ordinance reaching residential repairs or alterations beyond the code's own reach was found in those reads.

Neither Millcreek Township's code nor its pages say in terms whether a house reroof needs a permit; ask Building Inspection Underwriters of PA before starting. The Township's code requires a permit for "construction or other activity regulated by the UCC" and incorporates the Act's exceptions by reference (sections 29-55 and 29-52); the Act lists "Repairs to residential buildings" among work it "shall not apply to," "except as might be required by ordinances in effect pursuant to section 303(b)(1) or adopted pursuant to section 503" (Act 45 section 104(b)(6)). An undated Township document on its UCC page lists "Replacing existing roof material that does not exceed 25% of total area" among exemptions from permit requirements for houses and says "A property owner should not assume that work is exempt without first making appropriate inquiry." This record does not decide whether a reroof is a repair or an alteration under the Act. The Township's UCC FAQ says "When a UCC permit is required but a Zoning Permit is not required, it usually will be best for you to contact BIU directly," and that applications "can be left for BIU at the Township's Zoning Office" with "full payment of the fee that is due under BIU's fee schedule." Building Inspection Underwriters of PA lists its Erie office at 1805 West 38th Ave, Erie, PA 16508, phone 877-272-0255. The Township offices at 3608 West 26th Street, Erie, phone 814-833-1111, are open Monday to Friday, 8 a.m. to 4:30 p.m. Section 29-64 makes any act the Part prohibits a summary offense, with a fine of "not more than $1,000 per violation and per day of violation." For storm damage, the same document says "Emergency repairs or replacement of equipment may be made without first applying for a permit so long as a permit application is submitted to the building code official within 3 business days after the repair or replacement."