[Amended 1-11-2021 by Ord. No. 2021-01]
The Uniform Construction Code set forth in 34
Pa. Code, Chapters 401, 403 and 405, as amended from time to time,
and as supplemented by Exhibit A attached hereto and made a part hereof,
is hereby adopted and incorporated herein by reference as the municipal
building code of Uwchlan Township and shall be known as the "Uwchlan
Township Building Code of 2004" (the "Building Code").
Ordinance No. 89-4 of the Township of Uwchlan,
entitled "Uwchlan Township Building Code," and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
The following sections are hereby revised as
follows:
A. Insertions.
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Section 101.1. These regulations shall be known
as the Building Code of the Township of Uwchlan, Chester County, Pennsylvania
herein referred to as "this code."
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Section 112.3.1. Fee Schedule. A fee for each
plan examination, building permit and inspection shall be paid in
accordance with the current schedule of fees, as amended from time
to time by resolution of the Uwchlan Township Board of Supervisors. [Amended 2-23-1998 by Ord. No. 98-01]
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[Amended 3-24-1997 by Ord. No. 97-05]
Any person who violates or permits the violation
of any provision of this article or fails to comply with any of the
requirements thereof or who shall erect, construct, alter or repair
a building or structure in violation of an approved plan or directive
of the Code Official or of a permit or certificate issued under the
provisions of this article, shall, in addition to any other remedy
available under law or equity, be subject to a criminal fine in an
amount not to exceed $1,000 for each violation or on default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days, plus the costs of prosecution, including reasonable
attorneys' fees, for each violation. Each twenty-four-hour period
that a violation continues after due notice has been served shall
be deemed a separate offense. Enforcement of this article shall be
by action brought before a Magisterial District Judge in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure. The Township Solicitor may
assume charge of the prosecution without the consent of the District
Attorney.
[Amended 3-24-1997 by Ord. No. 97-05]
Any person who continues any work in or about
the structure after having been served with a stop-work order, except
such work as that person is directed to perform to remove a violation
or unsafe condition, shall, in addition to any other remedy available
under law or equity, be subject to a criminal fine in an amount not
to exceed $1,000, plus the costs of prosecution, including reasonable
attorneys' fees, for each violation. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each twenty-four-hour period during which failure to comply
continues shall constitute a separate offense. Enforcement of this
article shall be by action brought before a Magisterial District Judge
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor
may assume charge of the prosecution without the consent of the District
Attorney.
[Amended 3-24-1997 by Ord. No. 97-05]
Structures existing prior to January 1, 1960,
in which there is work involving additions, alterations or changes
of occupancy, shall be made to conform to the requirements of this
section or the provisions of Section 3403.0 through 3407.0.
A. Additions.
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Section 407.4. Attached to rooms: Private garages
attached side-by-side to rooms in occupancies in Use Group R-1, R-2,
R-3 or I-1 shall be completely separated from the interior spaces
and the attic area by means of 1/2-inch fire code drywall or the equivalent
applied to the garage side.
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Section 407.6. Opening protectives: The door
opening protectives shall comply with one of the following.
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Add 3. Minimum 3/4 hour rated door.
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Table 602-5. Dwelling unit separations: "2 hour"
to replace "1 hour" in all building types.
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Section 904.2. Use Groups A-1, A-3 and A-4:
Where a Use Group A-1, A-3 or A-4 fire area exceeds 1,000 square feet
in area, an automatic fire suppression system shall be provided as
follows.
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Section 904.3. Use Group A-2: Where a Use Group
A-2 fire area is more than 1,000 square feet in area or is located
either above or below the level of exit discharge of exits that serve
the Use Group A-2 fire area, an automatic fire suppression system
shall be provided as follows.
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Section 904.7. Use Groups B, M, S-1 and F-1:
Throughout all buildings with a Use Group B, M, S-1 or F-1 fire area,
an automatic fire suppression system shall be provided as follows:
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Section 904.7.1. Use Groups B, M, S-1 and F-1:
Where all Use Groups M regardless of size, where any Use Group B exceeds
5,000 square feet or S-1 or F-1 exceeds 12,000 square feet in fire
area.
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Section 1014.8.1. Egress door width:
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Add 4. 27-3/4 inch clear width for bathrooms
and closets up to 100 square feet in R-3 Use Group Only where not
required to be accessible or adaptable.
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Section 1027.0 Access to Roof.
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1027.1. Add: All nonresidential buildings over
one story or 2,000 square feet in floor area shall have a roof hatch
with ladder. The size of the roof hatch shall be 3 feet by 4 feet.
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B. Previous additions.
(1) Fire walls. Fire walls shall be so located in buildings
as to separate the individual tenants and/or floor areas as below
listed. Walls shall have a minimum fire rating of two hours. The walls
shall run through the roof for a minimum height of 12 inches, or where
such construction is impractical, the walls shall run tight against
the underside of the sheathing material. In cases not covered by the
Building Code, the minimum requirements of the Department of Labor
and Industry of the Commonwealth of Pennsylvania shall prevail. Fire
walls shall be provided to separate: motel units, individual commercial
tenants, apartment units, corridors from tenants and/or apartments,
stairwells from buildings. Fire walls in the above-mentioned buildings
shall be reduced to one-hour rating if building is equipped with a
fire suppression system unless more than a one-hour rating is required
by use and construction classification. This exception shall not apply
to use Groups A, E, H and R. Buildings of one story in height without
a basement that are of 2-C construction type, as defined by BOCA,
are under 36,000 square feet, are fully sprinklered and have all tenants
of the same BOCA Use Group, may utilize smoke partitions as tenant
separations rather than fire walls.
[Amended 3-23-1998 by Ord. No. 98-04]
(2) Floor construction. In all commercial, industrial,
multifamily dwellings or buildings housing the public or catering
to the public, the floors between the basement shall be constructed
with a minimum fire rating of two hours. If such basement and egress
stairs and corridors are sprinklered, the fire rating may be reduced
to one hour unless the use and/or construction classification requires
more under BOCA 93. This exception shall not apply to any buildings
in Use Groups A, E, H or R.
(3) Fire suppression system. A fire suppression system
as determined by Section 904, BOCA 93, shall be required in all buildings
of more than two stories in height. A basement shall count as a story
if it cannot meet standards described in Section 502, BOCA 93, "Story
Above Grade."
(4) Alterations and repairs. Permits for alterations and
repairs to structures shall be required for all construction except
for the following:
(a)
Exterior and interior painting.
(b)
Installation, repair or replacement of any interior
finish in a one- or two-family dwelling, such as vinyl wall covering,
plastering, or drywall on an existing wall. Paneling is not to be
included as ordinary repairs.
(c)
Wallpapering at any location.
(d)
The replacement of glass in any window or door.
However, the replacement glass shall be of the type and quality so
as to comply with minimum requirements of the code.
(e)
The installation and replacement of any window
or door, including garage doors, in the same opening without altering
the dimensions or framing of the original opening. This shall include
storm windows and storm doors. Any new door or window shall be of
the same type and operation as the existing and shall not reduce the
minimum requirements of the code for means of egress and emergency
escape.
(f)
The repair of any nonstructural member such
as a railing.
(g)
The repair or replacement of any interior or
exterior trim, decoration or moldings.
(h)
The replacement or installation of any flooring
material except carpeting with a new material. However, installation
of carpeting in one- and two-family dwellings will be permitted under
ordinary repairs.
(i)
The repair of existing roofing material with
like material not exceeding 25% of the total roof area within any
twelve-month period.
(j)
The repair of existing siding with like material
not exceeding 25% of the total building exterior wall area within
any twelve-month period.
(k)
The repair of any part of a porch or stoop which
does not structurally support a roof above.
(l)
The replacement or installation of screens.
(m)
The installation of any roll or batt insulation
when installed adjacent to or not more than 1 1/2 inches from
an interior finish.
(n)
Replacement of exterior rainwater gutters and
leaders.
(o)
Repairs involving only working parts of a faucet,
valve or plumbing fixture.
(p)
The clearance of stoppages or the repair of
leaks, provided such repairs do not require any change in the piping
arrangement.
(q)
Replacement of any faucet or valve, provided
no rearrangement of the connecting piping system is required.
(r)
The replacement of any receptacle, switch or
lighting fixture rated at 20 amps or less and operating at less than
150 volts to ground with a like or similar item.
(s)
Repairs to any installed electrically operated
equipment, such as doorbell, communication system, elevators and any
motor-operated device.
(t)
The replacement of any sprinkler or smoke detector
or heat detector head with a like device.
(u)
The repair or replacement of any component of
a fire alarm or smoke- and heat-detection equipment.
(v)
Replacement of motors, pumps and fans of the
same capacity.
(w)
Repair and replacement of heating supply and
return piping and radiation elements which does not require rearrangement
of the piping system.
(x)
Repair and replacement of ductwork.
(y)
Repair and replacement of packaged air-conditioning
equipment and systems with a like capacity that are listed by a nationally
recognized testing agency.
(z)
Repairs or replacement of control devices for
heating and air-conditioning equipment.
C. Deletions.
(1) Section 310.5. Use Group R-3 structures: Delete Exceptions
1 and 2.
(2) Section 421.10.1(9). Outdoor swimming pools: Delete.
(3) Section 709.6.4. Ducts: Delete exception (3).
(4) Section 711.1. Fire Partitions - General: Delete exception.
(5) Section 713.1. Floor/Ceiling Assemblies - General:
Delete exception.
(6) Section 904.2. Use Groups A-1, A-3 and A-4: Delete
exception (1) and (3).
(7) Section 904.4. Use Group E: Delete exception.
(8) Section 904.6. Use Group I: Delete exception.
(9) Section 904.8. Use Group R-1: Delete exception.
(10)
Section 904.9. Use Group R-2: Delete exception.
(11)
Section 918.4.2. Use Group I-2: Delete exception.
(12)
Section 919.3.2. Use Groups R-2 and R-3: Delete
exception (2).
(13)
Section 919.5. Battery backup: Delete exception.
(14)
Section 923.1. Fire suppression systems: Delete
(3) and exception (6).
(15)
Section 923.2. Fire protective signaling systems:
Delete exception (1).
(16)
Section 1011.4. Enclosure: Delete exception
(1).
(17)
Section 1011.4.1. Corridor walls as separation
walls: Delete exception.
(18)
Section 1813.5.1. Floor base: Delete exception.
Ordinance No. 89-04, dated February 27, 1989,
of Uwchlan Township is hereby repealed.
Nothing in this article or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in §
106-4 of this article, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.