In addition to a Township Zoning permit, many projects, including
pools, retaining walls and fences require a UCC permit. Please
contact Carl Ferraro at 570.254.6969 Ext 6 with any questions. Below
is some general information about the UCC.
Please keep in mind that building without a permit may cost
you triple the permit cost when you are discovered. If you have any
doubt as to whether a permit is required PLEASE call and make
sure before starting construction.
Uniform Construction Code
Commonwealth of Pennsylvania has enacted legislation to provide for
a state-wide building code a/k/a Uniform Construction Code (UCC).
The UCC Administration and Enforcement Regulation has been
approved by the Attorney General. This regulation is available at
PA Bulletin website which was published on January 9, 2004.
The Department of
Labor and Industry (L & I) has placed a lot of information on
This link link takes you to the the
L & I
Building Code page
Revised UCC Regulations
Click on the following links to access unofficial copies of the
three sections of the revised UCC Regulation that took effect on
12/31/06. Note: These links take you directly to the Department of
Labor and Industry's website documents in .pdf format.
NOTICE: The Workers Compensation Laws state that EVERY PERSON
working on the job site is either covered by Workers Compensation
Insurance, with a Certificate of Insurance issued by the Insurance
Company on file at the Township office, or have filed an affidavit
with the Township swearing under oath that the worker is 1) a
property owner doing his/her own work, 2) is a contractor with no
employees, or 3) claiming a Religious Exemption. Anyone working on
the job site without Workers Compensation insurance or a filed
affidavit will be cause to shut down the job site and invoke legal
PENNSYLVANIA UNIFORM CONSTRUCTION CODE (UCC)
If you have any questions about the building code PLEASE contact
the Office at extension 106. The UCC Regulations are complicated and
changes may not be reflected in the information presented on this
NOTICE: FAILURE TO COMPLY WITH THE PROVISIONS OF THE UCC MAY
RESULT IN FINES OF UP TO $1000 PER DAY AND TRIPLE THE PERMIT FEES. A
STOP WORK ORDER WILL BE POSTED FOR NON-COMPLIANCE WITH THE
APPLICABLE REGULATIONS. THE FINES AND PENALTIES MAY BE LEVIED
AGAINST THE PROPERTY OWNER, GENERAL CONTRACTORS, CONTRACTORS AND
Emergency Repairs - An emergency repair or replacement of
equipment may be made without first applying for a permit if a
permit application is submitted to the building code official within
3 business days of the repair or replacement. An emergency repair
does not include forgetting to obtain a permit, but is just that, an
emergency that would prevent a residence to be occupied until the
repair is made.
Exclusions - Residential:
— The following structures if the structure has a building
area less than 1000 square feet and is accessory to a detached
o Detached private garages
— Agricultural buildings defined under section 103 of 35 P.S. §
— Manufactured or industrialized housing shipped from the factory
under section 901(a) of the act (35 P.S. § 7210.901(a)) as provided
in § 403.25 (relating to manufactured and industrialized
housing). Note: Footings, foundations, additional plumbing and
plumbing connections to the manufactured unit, additional mechanical
items and electrical service connections, and any additional
building, structure, electrical, mechanical and plumbing work are
not excluded and must be inspected.
— New buildings or renovations to existing buildings for which an
application for a building permit has been made to the municipality
prior to the effective date of the regulations promulgated under
this act (April 9, 2004);
— New buildings or renovations to existing buildings on which a
contract for design or construction has been signed prior to the
effective date of the regulations promulgated under this act on
projects requiring department approval (April 9, 2004);
— Installation of tubing, piping, propane gas burning appliances,
equipment or fixtures related to liquefied petroleum gas under the
Propane and Liquefied and Petroleum Gas Act (35 P.S. §§ 1329.1 -
1329.19). Installers must be certified to make the installation or
— Construction of individual sewage disposal systems under 25 Pa.
Code Chapter 73 (relating to onlot sewage treatment
facilities). Sewage disposal facilities and connections must have a
valid permit issued by the Township Sewage Enforcement Officer, and
be inspected by the Township Sewage Enforcement Officer - this is
not included under the UCC.
— A permit issued under construction regulations before April 9,
2004, remains valid and the construction of the building or
structure may be completed in accordance with the approved permit.
The permit is invalid unless the construction commenced within 18
months of permit issuance by Damascus Township. The permit holder
shall acquire a new permit under section 104(c) of the act (35 P. S.
§ 7210.104(c)) if the permit was not actively prosecuted during this
— Construction may be completed without a permit under section
104(c)(2) of the act where construction of a building or structure
commenced before April 9, 2004, and a permit was not required at
— The legal occupancy of a structure existing on April 9, 2004,
may continue without change except where the Uniform Construction
Code provides otherwise.
— An electrical provision of the Uniform Construction Code does
not apply to a dwelling unit utilized by a member of a recognized
religious sect if a code administrator grants an exemption under
section 901(b) of the act (35 P. S. § 7210.901(b)) as follows:
o The permit applicant shall file an application with the
code administrator stating the manner in which an electrical
provision of the Uniform Construction Code conflicts with the
applicant's religious beliefs. The application shall also contain an
affidavit by the applicant stating:
--- The permit applicant is a member of a religious sect.
--- The religious sect has established tenets or teachings
which conflict with an electrical provision of the Uniform
--- The permit applicant adheres to the established tenets
or teachings of the sect.
--- The dwelling unit will be used solely as a residence
for the permit applicant and the applicant's household.
The code administrator shall grant the application for the
exemption if made in accordance with paragraph (1).
If the permit applicant receives an exemption for a dwelling
unit under section 901(b) of the act and the applicant subsequently
sells or leases the dwelling unit, the applicant shall bring the
dwelling unit into compliance with the provision of the Uniform
Construction Code from which it was exempted prior to the dwelling
unit being sold or leased unless the prospective subsequent owner or
lessee files an affidavit in compliance with paragraph (1).
— Fences that are not more than 6 feet high.
— Retaining walls that are not more than 4 feet in height
measured from the lowest level of grade to the top of the wall,
unless the wall supports a surcharge.
— Water tanks supported directly upon grade if the capacity does
not exceed 5000 gallons and the ratio of height to diameter or width
does not exceed 2 to 1.
— Sidewalks and driveways that are 30 inches or less above
adjacent grade and not placed over a basement or story below it.
— Exterior or interior painting, papering, tiling, carpeting,
flooring, cabinets, counter tops and similar finishing work.
— Prefabricated swimming pools that are less than 24 inches deep,
including inflatable pools,
— Swings and other playground equipment accessory to a one- or
— Widow awnings supported by an exterior wall which do not
project more than 54 inches from the exterior wall and do not
require additional support.
— Replacement glass in any window or door. The replacement glass
shall comply with the minimum requirements of the International
— Installation and replacement of a window, door, garage door,
storm door in the same opening if the dimensions or framing of the
original opening are not altered. The installation of means of
egress and emergency escape windows may be in the same opening,
without altering the dimensions or framing of the original opening
if the required height, width or net clear opening of the previous
window or door assembly is not reduced.
— Replacement of existing roof material that does not require
repair or replacement of sheathing or structural material.
— Replacement of existing siding.
— Repair or replacement of any part of a porch or stoop which
does not structurally support a roof located above the porch or
— Installation of additional roll or batt insulation.
— Replacement of exterior rain water gutters and leaders.
— Installation of an uncovered deck where the floor of the deck
is not more than 30 inches high.
— Utility and miscellaneous use structures that are accessory to
detached one-family dwellings and are less than 1000 square feet
— Any agricultural building
— Alterations to residential buildings which do not make
structural changes or changes to means of egress. For purposes of
this paragraph, a structural change does not include a minor framing
change needed to replace existing windows or doors
— Repairs to residential buildings
— Any recreational cabin if:
o the cabin is equipped with at least one smoke detector,
one fire extinguisher and one carbon monoxide detector in both the
kitchen and sleeping quarters; and
o the owner of the cabin files with the municipality
--- an affidavit on a form prescribed by the
department attesting to the fact that the cabin meets the definition
of a "recreational cabin" in section 103; or
--- a valid proof of insurance for the recreational
cabin, written and issued by an insurer authorized to do business in
this commonwealth, stating that the structure meets the definition
of a "recreational cabin" as defined in section 103.
- continuity of exclusion.--
--- if a recreational cabin is subject to exclusion
under subsection (b)(7), upon transfer of ownership of the
recreational cabin, written notice must be provided in the sales
agreement and the deed that the recreational cabin:
- is exempt from this act;
- may not be in conformance with the uniform
construction code; and
- is not subject to municipal regulation.
--- failure to comply with the notice requirement
under paragraph (1) shall render the sale voidable at the option of
Note: Under definitions contained with the UCC Code and amendments,
a "Recreational cabin" is a structure which is:
- utilized principally for recreational activity;
- not utilized as a domicile or residence for any individual
for any time period;
- not utilized for commercial purposes;
- not greater than two stories in height, excluding basement;
- not utilized by the owner or any other person as a place of
- not a mailing address for bills and correspondence; and
- not listed as an individual's place of residence on a tax
return, driver's license, car registration or voter registration.
Be Advised: That misrepresentation of any facts during the
application process may result in legal action.
Note: The Uniform Construction Code applies to the construction of a
residential building or structure governed by a homeowner's or
community association under section 104(d)(2)(ii) of the act.