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Borough of Marcus Hook, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Marcus Hook 6-7-2004 by Ord. No. O-04-2, approved 6-7-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 76.
Open burning — See Ch. 78.
Fire prevention — See Ch. 96.
Flood damage prevention — See Ch. 99.
Mechanical standards — See Ch. 132.
Plumbing — See Ch. 154.
Property maintenance — See Ch. 157.
Zoning — See Ch. 196.
The Borough of Marcus Hook hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999 (35 P.S. §§ 7210.101 to 7210.1103), as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa Code, Chapters 401 to 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Borough of Marcus Hook.
Administration and enforcement of the Uniform Code within the Borough shall be undertaken in any of the following ways as determined from time to time by resolution of the Borough Council:
A. 
By the designation of an employee of the Borough to serve as the municipal code official to act on behalf of the Borough.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this Borough.
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution of the Borough Council in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
A. 
All building code ordinances or portions of ordinances, including but not limited to Chapter 76, Building Construction; Chapter 96, Fire Prevention; Chapter 132, Mechanical Standards; and Chapter 154, Plumbing, which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions are repealed or such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time.
B. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter, including but not limited to Chapter 76, Building Construction; Chapter 96, Fire Prevention; Chapter 132, Mechanical Standards; and Chapter 154, Plumbing, and whose requirements are less than the minimum requirements of the Code are hereby repealed.
C. 
All relevant ordinances, regulations and policies of the Borough not governed by the Code shall remain in full force and effect.
Fees assessable by the Borough for the administration and enforcement undertaken pursuant to this chapter and the Code shall be established from time to time by resolution of the Borough Council.
[Added 6-6-2005 by Ord. No. O-05-2; approved 6-6-2005]
A. 
Sprinkler systems. The standards adopted herein covering automatic sprinkler systems apply to newly constructed buildings and to existing buildings and supersede any and all provisions and requirements found in the International Building Code, Chapters 9 and 34, the International Existing Building Code, and the International Residential Code.
(1) 
Applicability. This Subsection A shall apply to two-family and multifamily residential structures, and commercial, industrial, educational and religious occupancies of one or more stories in height.
(2) 
Definitions. As used in this Subsection A, the following terms shall have the meanings indicated:
AUTHORITY HAVING JURISDICTION
The Borough of Marcus Hook.
COMMERCIAL STRUCTURES
Any structure used for retail and service use which is intended to service both regional and neighborhood customers.
EDUCATIONAL OCCUPANCIES
Any building, structure or dwelling that houses students, including but not limited to schools, day cares, preschools, learning centers, etc.
INDUSTRIAL STRUCTURES
Any structure used for light/heavy or limited industrial use in the form of both industrial parks and individual industrial structures.
MULTIPLE-OCCUPIED DWELLINGS
Occupancies where there are three or more living units, including but not limited to apartment buildings, rooming houses, convents, rectories, assisted living facilities and halfway houses.
RELIGIOUS OCCUPANCIES
All houses of worship including any common area on the premises that provides a place of gathering for members, congregants or parishioners.
SINGLE-FAMILY DWELLINGS
An occupancy where a living unit is occupied by members of one family, including occupancies of the same description where rooms are rented.
SPRINKLER SYSTEM
For fire-protection purposes, an integrated system of underground and overhead piping designed in accordance with fire-protection engineering standards. The installation includes a water supply and/or connection by underground piping to a city main. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for activating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. The sprinkler system shall meet NFPA-13 specifications for sprinkler performance.
TWO-FAMILY DWELLINGS
Any occupancy where the living units are occupied by two separate families with independent cooking, sleeping and bathroom facilities.
(3) 
Compliance requirements.
(a) 
Buildings and/or structures hereinafter constructed shall be equipped with an approved automatic sprinkler system.
(b) 
Plans of all proposed automatic fire-protection systems installations shall first be submitted to the Borough Code Enforcement Officer for approval, prior to the issuance of any building permit.
(c) 
Vacant or unoccupied buildings or portions thereof which now have automatic sprinkler systems shall be maintained so as to keep the system active and functional at all times.
(d) 
All buildings and/or structures that are being renovated, rebuilt or modified for more than 50% of their value shall conform to the provisions of this Subsection A.
(e) 
All buildings, structures and dwellings that are converted from single-family owner-occupied dwellings to single-, multiple- or two-family rental units or where the number of living units is increased by one or more units shall conform to the provisions of this Subsection A.
(f) 
All buildings or structures that are converted from commercial or industrial occupancies to residential, educational or religious occupancies shall conform to the provisions of this Subsection A.
(4) 
Combination system allowed. In single-, multiple- and two-family residential structures with a maximum of two stories, a combination automatic fire-protection sprinkler system shall be allowed. In a combination system, the automatic sprinkler system and domestic water system can utilize the same common water service supply pipe to the premises so long as they meet NFPA-13 and Chester Water Authority requirements.
(5) 
Installation of system.
(a) 
All automatic sprinkler systems shall be installed in compliance with the applicable sections of the NFPA 13, 13-D or 13-R and any requirements imposed by the Borough Code Enforcement Officer.
(b) 
When an automatic sprinkler system is required by these regulations, it shall be meant to require 100% coverage of all interior spaces, except those areas that are given special exception by the Borough Code Enforcement Officer.
(c) 
A complete set of drawings showing the design, spacing and location of all equipment as well as a listing of all hydraulic calculations shall be submitted to the Borough Code Enforcement Officer with approved engineer seals, prior to the commencement of any work.
(d) 
A permit shall be obtained from the Borough Code Enforcement Officer prior to the commencement of any work.
(6) 
Maintenance. It shall be the legal duty of the owner of each building, structure or dwelling occupancies to maintain the automatic sprinkler system so as to keep the automatic sprinkler system active and functional at all times.
(7) 
Testing of system.
(a) 
Systems in commercial, industrial or multifamily dwellings shall be flow tested and inspected once per year by a certified fire-protection engineer, and a report on such testing shall be filed with the Borough Code Enforcement Officer.
(b) 
Systems in single-family and two-family dwellings shall be flow tested and inspected once every two years by a certified fire-protection engineer, and a report on such testing shall be filed with the Borough Code Enforcement Officer.
(c) 
Systems in owner-occupied single-family dwellings are not required by this Subsection A to be tested, but, in the interest of fire safety, all owners are encouraged to have their systems checked at least every two years.
(d) 
All systems in existence at the time of adoption of this Subsection A shall be tested and inspected in compliance with the applicable subsections of this subsection.
(8) 
Enforcement. The Borough Code Enforcement Officer shall ensure proper compliance with all provisions of this Subsection A.
(9) 
Liability of Borough. This Subsection A creates no legal liability to the Borough of Marcus Hook other than to ensure that, at the time of inspection, the system was present and functional.
(10) 
Violations and penalties. Any person violating any of the provisions of this Subsection A shall, upon conviction thereof, be punishable for each offense by a fine of up to the maximum amount provided from time to time by state statute.