A certain document, a copy of which is on file in the office of the Township Secretary of Upper Frederick Township, being marked and designated as, the International Residential Code For One- and Two-Family Dwellings, 2003 Edition, subject to the revisions below in §
112-29, and including Appendices A, B, C, E, F, and G, is hereby adopted as the Residential Code for One- and Two-Family Dwellings of Upper Frederick Township, in Montgomery County, Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Residential Code for One- and Two-Family Dwellings are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, contained below.
The International Residential Code For One- and Two-Family Dwellings, 2003 Edition, as referenced in §
112-28, shall be revised as follows:
A. The following subsections and/or words in the Code
are hereby revised to substitute the following words for the original
words contained in the ordinance [original language is contained in
brackets]:
(1) Section R101.1. Substitute "Upper Frederick Township"
for [Name of Jurisdiction].
(2) Substitute in all sections of the code "Code Enforcement
Officer" for [The Building Official].
(3) Substitute in all sections of the code "The Board
of Supervisors" for [The Governing Body].
(4) Substitute in all sections of the code "Code Appeals
Board" for [Board of Appeals].
B. The title of § R103 is deleted in its entirety.
A new title is hereby enacted to read as follows: "Code Enforcement
Officer and Deputies."
C. Section R103.1 is deleted in its entirety. A new § R103.1
is hereby enacted to read as follows:
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"R103.1. Creation of the Office of the Code
Enforcement Officer. The office of the Code Enforcement Officer is
hereby created."
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D. Section R103.2 is deleted in its entirety. A new § R103.2
is hereby enacted to read as follows:
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"R103.2. Appointment. The Code Enforcement Officer
shall be appointed by the Board of Supervisors, and shall serve at
the pleasure of the Board of Supervisors."
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E. Section 105.2.
(1) Section 105.2 shall be amended by deleting in its
entirety the exemption listed as Building: 4 which reads:
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"Retaining walls which are not over four feet
in height measured from the lowest level of grade to the top of the
wall, unless it is supporting a surcharge or impounding class I, II
or III-A liquids."
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(2) Section 105.2 is further amended by deleting in its
entirety the exemption listed as Building: 5. A new exemption listed
as Building: 5 is hereby enacted to read as follows:
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"Sidewalks and driveways that are 17 inches
or less above adjacent grade not exceeding three feet and not placed
over a basement or story below it."
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F. Section R112.1 is deleted in its entirety. A new § R112.1
is hereby enacted to read as follows:
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"R112.1. Appeals. Any person or persons shall
have the right to appeal a decision of the Code Enforcement Officer
to the Appeals Board in accordance with §§ 403.121
and 403.122 of the Uniform Construction Code, as amended. An application
for an appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or an
equally good or better form of construction is proposed.
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"All such appeals shall be filed on a form obtained
from the Code Enforcement Officer within 30 days after the notice
of a decision was issued. The Code Appeals Board shall have exclusive
jurisdiction over such appeals, and failure to appeal the decision
of the Code Enforcement Officer to the Code Appeals Board renders
the decision of the Code Enforcement Officer unappealable."
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G. Section R113.4 is hereby amended to provide that all
violations of any provisions of this code shall be enforced in accordance
with the provisions of § 113 of the International Building
Code, 2003 Edition, adopted by Upper Frederick Township. If the notice
of violation is not complied with in the time prescribed by such notice,
the Code Enforcement Officer is authorized to request the legal counsel
of the jurisdiction to institute the appropriate proceeding at law
or in equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the building
or structure in violation of the provisions of this code or of the
order or direction made pursuant thereto. This section is also revised
to add the following text at the end of the section:
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"Any person or persons who violate a provision
of the code or of a permit or certificate issued under the provisions
of this code shall be guilty of a summary offense, punishable by a
fine of not less than $100, but not more than $1,000, plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation continues shall constitute
a separate offense."
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H. Table R301.2(1) contained within § R301
is hereby completed with the following climatic and geographic design
criteria as noted below:
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Ground snow load
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30 pounds
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Wind speed
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90 mph
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Seismic design category
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B
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Weathering
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Severe
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Frost line depth
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30 inches
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Termite protection
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Moderate
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Decay
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Slight
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Ice shield underlay required
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Yes
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Winter design temperature
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13° F.
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Flood hazards
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Air freezing index
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1,000
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Mean annual temperature
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50° F.
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I. Appendix I, Section AI101.1. Substitute "25 Pa. Code
Chapter 73" for "International Private Sewage Disposal Code."
By December 31 of the year of the issuance of
a new triennial ICC International Residential Code, or it successor
residential code, the new International Residential Code, or its successor
residential code shall be automatically adopted as the Township of
Upper Frederick Residential Code, including appendices as determined
by the Pennsylvania Department of Labor and Industry.