[HISTORY: Adopted by Board of Supervisors of the Township of East
Whiteland 5-12-2004 by Ord. No. 151-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 83.
Energy conservation — See Ch. 84.
Existing building regulations — See Ch. 85.
Fire prevention — See Ch. 90.
Fuel gas standards — See Ch. 96.
Mechanical standards — See Ch. 116.
One- and two-family dwelling standards — See Ch. 123.
Plumbing — See Ch. 139.
Property maintenance — See Ch. 141.
Subdivision and land development — See Ch. 175.
Urban wildland interface standards — See Ch. 183.
Zoning — See Ch. 200.
[1]
Editor's Note: This ordinance also provided for the repeal of
former Ch. 65, Building Construction, adopted 11-21-2000 by Ord. No. 132-2000
.
A.
The Township hereby elects to administer and enforce
the Act[1] and the regulations promulgated under the Act which are found
at 34 Pa. Code Chapters 401 through 405 (the "regulations"), as the same are
amended from time to time, as the Township's building code. The Township
shall notify the Department[2] within 30 days of adoption of this chapter that the Township has
elected to administer and enforce the Act in accordance with this chapter.
B.
By electing to adopt, administer and enforce the Act, the Township hereby adopts and incorporates as fully as if set out at length herein Chapters 1-29 and 31-35 of the International Building Code, 2003 Edition, (IBC 2003) as now and as hereafter supplemented, reissued, amended and revised and its successor building codes, as published by the International Code Council, Inc., as the Township's building code. Not fewer than three copies of the International Building Code, 2003 Edition, have been and now are filed in the office of the Township Secretary and may be examined there without charge. If any provision in Chapter 1 of the IBC 2003 which governs administration of the building code is inconsistent with the regulations, the provisions in the regulations shall govern the administration and enforcement of the building code.
C.
The Township hereby adopts and incorporates as fully
as if set out at length herein all Appendices of the IBC 2003, as now and
as hereafter supplemented, reissued, amended and revised and its successor
appendices as published by the International Code Council, Inc.
The following sections of the IBC 2003 are hereby amended and revised
as follows:
A.
Section 101.1 is amended by the insertion of "East Whiteland
Township" in the "[NAME OF JURISDICTION]" blank.
B.
Section 103.1 shall be amended to read as follows:
103.1 Creation of enforcement agency. The Department of
Codes and Life Safety shall be responsible for administering and enforcing
this code. The Director of the Department of Codes and Life Safety shall be
hired by the Township Manager and shall be certified by the Commonwealth of
Pennsylvania to serve as the Township's Building Official. For purposes
of this code, the Director of the Department of Codes and Life Safety shall
be referred to as the "Building Official."
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C.
Section 108.2 is amended to read as follows:
108.2 Schedule of permit fees. A fee schedule shall be
adopted by resolution of the Board of Supervisors of East Whiteland Township,
which may be amended from time to time.
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D.
Section 112, Board of Appeals, shall be deleted and replaced
with the following:
SECTION 112
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BOARD OF APPEALS
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112.1 General. The Township, along with Easttown Township,
Willistown Township and Malvern Borough (the "participating municipalities"),
intends to form an intergovernmental Board of Appeals, which Board shall hear
and decide appeals of orders, decisions or determinations made by the respective
municipalities' building official relative to the application and interpretation
of the municipalities' building code. The members of the intergovernmental
Board of Appeals shall be appointed by the participating municipalities and
shall be governed by rules and regulations adopted by the participating municipalities.
The intergovernmental Board of Appeals shall adopt rules of procedure for
conducting its business.
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E.
Section 113.4, Violation penalties is amended to read
as follows:
113.4 Violation penalties. Any person who violates or permits
the violation of any provision of this chapter or who shall fail to comply
with any of the requirements thereof or who shall erect, construct, alter
or repair any building or structure in violation of either an approved plan,
a directive of the Building Official or of a permit or certificate issued
under the provisions of this chapter shall, upon conviction thereof in a summary
proceeding brought before a District Justice under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000, plus
the costs of prosecution. In default of payment thereof, the defendant may
be sentenced to imprisonment in the county prison for a term of not more than
30 days. Each section or provision of this chapter that is violated shall
constitute a separate offense, and each day or portion thereof in which a
violation of this chapter is found to exist shall constitute a separate offense,
each of which violations shall be punishable by a separate fine imposed by
the District Justice of not less than $100 and not more than $1,000, plus
the costs of prosecution, or upon default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of not more
than 30 days. All fines and penalties collected for the violation of this
chapter shall be paid to the Township Treasurer.
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F.
Section 114.3 shall be amended to read as follows:
114.3. Unlawful continuance. Any person who shall continue
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, upon conviction thereof in a summary
proceeding brought before a District Justice under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense, and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000, plus
the costs of prosecution. In default of payment thereof, the defendant may
be sentenced to imprisonment in the county prison for a term of not more than
30 days. Each day or portion thereof in which a violation of the stop-work
order is found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice of not less than $100 and not more than $1,000, plus the costs of
prosecution, or upon default of payment thereof, the defendant may be sentenced
to imprisonment in the county prison for a term of not more than 30 days.
All fines and penalties collected for such violation(s) shall be paid to the
Township Treasurer.
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G.
Section 1612.3 is amended by the insertion of "East Whiteland
Township" in the [NAME OF JURISDICTION] and "November 20, 1996" in the [DATE
OF ISSUANCE] blanks.
H.
Section 3410.2 is amended by the insertion of "October
9, 1989" in the [DATE TO BE INSERTED BY THE JURISDICTION] blank.
The building code shall be administered and enforced by the Department
of Codes and Life Safety. The Township Manager shall hire the Director of
the Department of Codes and Life Safety who shall also be known as the "Building
Code Official."
Pursuant to § 104(d)(1) of the Act, the Township may keep in full force and effect any provisions of the Township's existing building code which were in effect on or before July 1, 1999, or reenactments of simultaneously repealed ordinances which were originally adopted before July 1, 1999, provided that such provisions meet or exceed the Act. Under such authority, the Township intends to keep in force and effect the following provisions of its existing building code which meet or exceed the standards in the Act. If any provision in this § 65-4 is inconsistent with a provision in the IBC 2003 or its successor codes, the provisions in this § 65-4 shall control.
A.
Section 903.2.2 shall be revised to state as follows:
903.2.2 Use Group E. An automatic fire-suppression system
shall be provided throughout all buildings with a Use Group E fire area.
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B.
Section 903.2.3 shall be revised to state as follows:
903.2.3 Use Groups F-1. Throughout all buildings with a
Use Group F-1 fire area, an automatic fire-suppression system shall be provided
as follows:
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1.
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Where any Use Group F-1 fire area exceeds 5,000 square feet in area;
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2.
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Where the total combined area of all Use Group F-1 fire areas on all
floors exceeds 10,000 square feet; and
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3.
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Where any Use Group F-1 fire area is three or more stories above grade.
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C.
Section 903.2.6 shall be revised to state as follows:
903.2.6 Use Groups M. Throughout all buildings with a Use
Group M fire area, an automatic fire-suppression system shall be provided
as follows:
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1.
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Where any Use Group M fire area exceeds 5,000 square feet in area;
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2.
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Where the total combined area of all Use Group M fire areas on all floors
exceeds 10,000 square feet; and
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3.
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Where any Use Group M fire area is three or more stories above grade.
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D.
Section 903.2.8 shall be revised to state as follows:
903.2.8 Use Groups S-1. Throughout all buildings with a
Use Group S-1 fire area, an automatic fire-suppression system shall be provided
as follows:
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1.
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Where any Use Group S-1 fire area exceeds 5,000 square feet in area;
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2.
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Where the total combined area of all Use Group S-1 fire areas on all
floors exceeds 10,000 square feet; and
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3.
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Where any Use Group S-1 fire area is three or more stories above grade.
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E.
Section 903.2.9 shall be revised to state as follows:
903.2.9 Use Groups S-2. Throughout all buildings with a
Use Group S-2 fire area, an automatic fire-suppression system shall be provided
as follows:
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1.
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Where any Use Group S-2 fire area exceeds 5,000 square feet in area;
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2.
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Where the total combined area of all Use Group S-2 fire areas on all
floors exceeds 10,000 square feet; and
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3.
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Where any Use Group S-2 fire area is three or more stories above grade.
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F.
The Township shall keep in full force and effect the following
requirements in its building code, which provisions were in effect as of July
1, 1999:
[Added 11-10-2004 by Ord. No. 167-2004]
(1)
All repairs and alterations to residential buildings shall comply
with the Township's building code adopted on May 12, 2004, and any successor
code adopted by the Township pursuant to Act 45 of 1999.
(2)
Construction, alteration, enlargement, replacement, repair, removal
and demolition of utility and miscellaneous use structures which are greater
than 500 square feet in area shall comply with the Township's building code
adopted on May 12, 2004, and any successor code adopted by the Township pursuant
to Act 45 of 1999.