[Adopted 4-16-1984 by Ord. No. 22-13; amended in its entirety 3-3-1997 by Ord. No. 22-25]
[1]
Editor’s Note: Original Parts 1 and 7 of this chapter were switched at the request of the Township..
A. 
There is hereby adopted by the Township of Whitpain for the purposes of prescribing regulations governing the use of safe and modern construction techniques and materials and to provide technical information and regulations that certain code known as the "BOCA National Building Code," being particularly the 1996 Edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by § 71-44 of this article, of which code not fewer than three copies have been and now are filed in the office of the Secretary of the Township of Whitpain, and the same are hereby adopted and incorporated as set out at length herein, and the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Township of Whitpain.
B. 
Adoption of Appendix A of the 1995 CABO One- and Two-Family Dwelling Code. The specific provisions of Appendix A to the 1995 CABO One- and Two-Family Dwelling Code are hereby enacted and adopted as the construction standards pertaining to new and existing manufactured homes on privately owned (nonrental) lots and become a part of the Building Code of Whitpain Township as fully as though set forth herein at length.
A. 
There is hereby added to the BOCA National Building Code, 1996 Edition, the following modifications:
(1) 
Add the following subsections:
104.8 Qualifications of the building official: To be eligible for appointment, the building official shall have had at least five years building experience as a licensed professional engineer or architect, building inspector, contractor or superintendent of building construction, for three years of which experience the building official shall have been in responsible charge of work; and the building official shall be generally informed on good engineering practice in respect to the design and construction of buildings, the basic principles of fire prevention, the accepted requirements for means of egress and the installation of elevators and other service equipment necessary for the health, safety and general welfare of the occupants.
109.9 Qualifications of assistants: A person shall not be appointed as a technical assistant unless that person has had at least three years' practical experience in the technical work which that person is appointed to supervise or in responsible charge of building construction or as a skilled worker. A person shall not be appointed as inspector of construction who has had less than three years' experience in general building construction.
(2) 
Modify the following subsection:
116.4 Violation penalties: Any person who shall violate a provision of this code or shall fail 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 code, shall be guilty of a civil or summary criminal offense, punishable by a fine of not more than $1,000. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(3) 
Add the following subsections:
117.2 Cease-and-desist order: Upon written notice from the Code Official that the use of any building or portion thereof is being conducted contrary to the provisions of this code or in an unsafe and dangerous manner, such use shall be immediately stopped. The cease-and-desist order shall be given to the owner of the property involved or to any individual(s) involved with the activity and shall state the conditions under which work will be permitted to resume.
117.3 Unlawful continuance: Any person who shall continue any work or use in or about the structure after having been served with a stop-work order or cease-and-desist order, except such work as that person is directed to perform to remove a violation or unsafe condition(s), shall be punishable by a fine of not more than $1,000 for each day a violation continues after due notice has been served. Each day shall be deemed a separate offense.
118.5 Change of tenant: It shall be unlawful to make any change of tenancy of any structure or portion thereof within any use group, except Use Group R, without first obtaining a new certificate of use and occupancy.
(4) 
Delete Section 121.0 Means of Appeal.
(5) 
Add the following definitions to Section 202.0 General Definitions:
Airplane hangar, private: A hangar for the storage of four or fewer single-motor planes in which volatile or flammable oil is not handled, stored or kept other than that which is contained in the fuel storage tank of the plane.
Airplane hangar, public: A building for the storage, care or repair of private or commercial airplanes not included in the term "private airplane hangar. "
Townhouse: A single-family dwelling unit constructed in a row of attached units separated from all other units by no more than two party walls and with at least two independent outside yards.
(6) 
Add the following language to Subsection 310.5 Use Group R-3 structures: "All such townhouse structures shall be designed in accordance with the CABO One- and Two-Family Dwelling Code listed in Chapter 35."
(7) 
Modify the following language in Subsection 310.6 Use Group R-4 structures: "or in accordance with the requirements of this code applicable to Use Group R-3."
(8) 
Modify the following subsection:
421.10 Swimming pool safety devices: See Whitpain Township Ordinance No. 22-15, adopted April 1, 1985.[1]
[1]
Editor's Note: See Part 4, Swimming Pools, of this chapter.
(9) 
Delete the following words in Subsection 901.3 Nonrequired systems: "partial or complete protection."
(10) 
Modify the following words in Subsection 903.1 Required: "reviewed by the department prior to issuance of the fire protection permit."
(11) 
Add and change the following words in Subsection 920.1 General: "Detectors connected to a fire protection system which is monitored off-site shall be of the photoelectric type in lieu of the ionization type and shall be installed."
(12) 
Add the following subsection:
1206.4 Windows Below Grade: All windows installed wholly or partially below grade shall be protected from water infiltration by discharging any accumulated water by gravity or mechanical means into an approved drainage system.
(13) 
Add the following sections:
1216.0 Hotels and Motels
1216.1 General: All hotel and motel sleeping rooms shall have their own individual bathroom group. A bathroom group shall consist of the plumbing fixtures as noted in the Whitpain Township Plumbing Code.[2]
[2]
Editor's Note: See Ch. 116, Plumbing.
(14) 
Delete the following sections and subsections: 2701.1 through 2708.3, inclusive.
(15) 
Add the following subsections:
2701.1 General: All electrical work regulated by NFPA No. 70 listed in Chapter 35 shall be inspected, as required, by an electrical underwriter. An electrical underwriter shall be approved by the Building Official to inspect work within Whitpain Township.
2701.2 Certificate of use and occupancy: No use and occupancy certificate for any new or altered structure within the Township in which any electrical installation or modification has taken place shall be given until the Code Enforcement Officer has in his possession the rough and/or final electrical inspection certificates from the underwriter.
(16) 
Add the following words to Subsection 2803.1, General: "and a mechanical permit shall be secured."
(17) 
Delete the following sections and subsections: 2901.1 through 2908.3.3, inclusive.
(18) 
Modify the following subsection:
2901.1 Scope: All buildings intended for human occupancy shall be equipped with adequate sanitary facilities in accordance with the plumbing code listed in Chapter 35.
(19) 
Change the following words in Subsection 3001.1, Scope, from "except as otherwise provided by statute" to "except as preempted by the Pennsylvania State Department of Labor and Industry, Buildings Division."
(20) 
Delete Chapter 11, Accessibility.
(21) 
Delete Chapter 13, Energy Conservation.
(22) 
Add and modify the following words to Subsection 3110.1 General: "over 50 feet (15240 mm) or more than four stories in height."
(23) 
Delete Subsection 3202.7 Drainage.
(24) 
Change the following words in Subsection 3401.1, Scope, from "Chapter shall control" to "Chapter may control."
(25) 
Change Chapter 35, page 334, BOCA, from "IPC-95 International Plumbing Code" to "Whitpain Township Plumbing Code."
(26) 
Modify Subsection 107.1, Permit application, by adding the following text:
[Added 6-16-1997 by Ord. No. 22-27]
7.
Construct a deck/porch greater than 30 inches in height from the walking surface to the surrounding grade at any point.
8.
Construct/install or modify a fireplace or chimney.
9.
Install or construct a shed and an aboveground or in-ground swimming pool, garage, porch, greenhouse or other accessory structure.
(27) 
Modify the following subsection:
[Added 6-16-1997 by Ord. No. 22-27]
901.3 Nonrequired systems: A permit, approvals, inspections and acceptance testing is not required for nonrequired fire-protection systems. This does not eliminate the requirement for all fire-protection systems to be installed and maintained in compliance with this code or to comply with the fire prevention code referenced herein.
B. 
There is hereby added to the CABO One- and Two-Family Dwelling Code, 1995 Edition, the following modifications:
(1) 
Modify the following subsections:
106.4 Penalty: Any person, firm or corporation violating the provisions of this code shall be guilty of a civil or summary criminal offense for each day or portion that a violation is committed. Upon conviction of any violation, such person shall be punishable by a fine of not more than $1,000 for each day that a violation continues after due notice has been served. Each day shall be deemed a separate offense, as noted in Section 116.4.
111.1 Permit required: A permit shall be obtained before beginning construction, alteration or repairs (other than ordinary repairs), using application forms furnished by the Building Official. Ordinary repairs are nonstructural repairs and do not include installation of or modification to plumbing lines, fire protection systems, fuel piping systems, means of egress components, chimneys and flue connectors, fireplaces and/or new air-conditioning and heating units. A permit shall be required prior to installing or constructing the following accessory structure: a deck/porch greater than 30 inches in height from the walking surface to the surrounding grade at any point, to install or modify a fireplace or chimney, to install or construct a shed, aboveground or in-ground swimming pool, garage, porch, roof, greenhouse or other accessory structure.
(2) 
Amend Section 115, Swimming Pools, Spas and Hot Tubs, to read as follows:
[Amended 5-4-1999 by Ord. No. 22-28]
Section 115 Swimming Pools, Spas and Hot Tubs
115.1 Provisions for swimming pools, spas and hot tubs. The following provisions shall control the design and construction of swimming pools, spas and hot tubs installed in ground or above ground on the lot of a one- and two-family dwelling in Whitpain Township.
1.
Definitions. For the purpose of these requirements, the terms used herein shall be defined as follows:
ABBREVIATIONS —
ANSI — American National Standards Institute 11 West 42nd Street, New York, NY 10036
ASTM — American Society for Testing and Materials 1916 Race Street, Philadelphia, PA 19103
NSPI — National Spa and Pool Institute 2111 Eisenhower Avenue, Alexandria, VA 22314
ABOVEGROUND/ON-GROUND POOL. See "swimming pool" below.
BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the pool.
HOT TUB. See "swimming pool" below.
IN-GROUND POOL. See "swimming pool" below.
RESIDENTIAL. That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three stories in height.
SPA, NONPORTABLE. See "swimming pool" below.
SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all the controls, water-heating and water-circulating equipment are an integral part of the product.
SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) in depth. This includes in-ground, aboveground and on-ground swimming pools, spas and hot tubs.
SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of the structure.
SWIMMING POOL, OUTDOOR. Any swimming pool that is not an indoor swimming pool.
115.2 Swimming pool design. Any swimming pools designed and constructed within Whitpain Township shall be completed as follows:
1.
In-ground pools. In-ground pools shall be designed and constructed in conformance with NSPI-5 as listed in Section 115.5 below.
2.
Aboveground and on-ground pools. Aboveground and on-ground pools shall be designed and constructed in conformance with ANSI/NSPI-4 as listed in Section 115.5 below.
3.
Indoor swimming pools. All walls surrounding an indoor swimming pool shall comply with Section D105.2, Item 9, of the CABO One and Two Family Dwelling Code, 1995 Edition.
115.3 Spa and hot tub design and construction. The design and construction of spas or hot tubs in Whitpain Township shall be in compliance with the following provisions:
1.
Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-3 as listed in Section 115.5 below.
2.
Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-6 as listed in Section 115.5 below.
115.4 Barrier locations/exceptions. Location of barriers surrounding pools, spas and hot tubs shall be in compliance with the provisions of Chapter 71 of the Code of Whitpain Township, as follows:
1.
Exceptions. A portable spa located on a deck or porch with a safety cover which complies with ASTM ES 13, as listed in Section 115.5 below, shall be exempt from the provisions relating to the placement of barriers as set forth herein. A portable spa not located upon deck or porch, swimming pools, nonportable spas and hot tubs with safety covers shall be required to comply with the placement of barriers as set forth herein regardless of the existence and utilization of safety covers.
115.5 Standards. The following standards shall apply for purposes of this section:
ANSI/NSPI
ANSI/NSPI-3-1992 Standard for Permanently
Installed Residential Spas
D104.1
ANSI/NSPI-4-1992 Standard for Aboveground/
On-Ground Residential Swimming Pools
D103.2
ANSI/NSPI-6-1992 Standard for Residential
Portable Spas
D104.2
ASTM
ASTM ES 13-89 Emergency Standard Performance
Specification for Safety Covers and Labeling
Requirements for All Covers for Swimming Pools,
Spas and Hot Tubs
D105.2,
D105.5
NSPI
NSPI-5-1987 Standard for Residential Swimming
Pools
D103.1
(3) 
Delete Section 116, Inspection Card, in its entirety.
(4) 
Change Table 301.2a as follows:
(a) 
Roof live load shall equal 20 pounds per square foot.
(b) 
Roof snow load shall equal 18 pounds per square foot.
(c) 
Wind pressure shall be equal to a basic wind speed of 75 miles per hour.
(d) 
Seismic risk shall be equal to 1.
(e) 
Weathering damage shall be severe (over 500 day inches).
(f) 
Frost line depth shall be equal to 36 inches.
(g) 
Termite damage shall be moderate to heavy.
(h) 
Decay damage shall be slight to moderate.
(5) 
Add the following subsections:
303.7 Emergency lighting: Every dwelling unit shall be equipped with at least one fixed, battery backup, emergency lighting fixture which will activate automatically in the event of a power failure. The location of such shall be as approved by the Building Official. Portable plug-in units shall not be an acceptable alternative.
309.4 Springs: All straight expanding garage door springs must contain an internal safety cable capable of restraining the spring in the event of breakage.
(6) 
Modify the following subsections to read as follows:
316.1 Smoke detectors required: Smoke detectors shall be installed in each sleeping room, outside of each separate sleeping area in the immediate vicinity of the bedrooms and on each additional story of the dwelling, including basements and cellars, but not including crawlspaces. Systems monitored off-site shall be verifiable and have smoke detectors of photoelectric type in lieu of the ionization type and require a separate fire protection permit. Every separate attic area above occupiable rooms and garage areas shall be equipped with a heat detector, rated at a minimum of 190° F. and located within three feet of the roof's peak in an accessible location. The heat detector shall be interconnected with the smoke detectors such that if the heat detector is activated, all system warning devices will sound. In dwellings or dwelling units with split levels, a smoke detector need only be installed in the upper area, provided that the lower level is less than one full story below the upper level; except that, if there is a door between levels, then a detector is required on each level. All detectors shall be connected to a sounding device(s) or other detectors to provide, when actuated, an alarm which will be audible in all sleeping areas. All detectors shall be approved and listed and shall be installed in accordance with the manufacturer's installation instructions. Maximum smoke detector spacing in a hallway is 35 feet unless noted otherwise by the manufacturer.
316.1.1 Alterations, repairs and additions: When or where habitable space or sleeping room(s) are added or created in existing dwellings, the entire dwelling unit shall be provided with a smoke and heat detection system as required for a new dwelling. The smoke detectors are not required to be interconnected unless other remodeling considerations require removal of the appropriate wall and ceiling coverings to facilitate concealed interconnected wiring.
(7) 
Add the following words to Subsection 316.2, Power source: "Non-hard-wired (battery-powered only) smoke detectors shall be acceptable if existing wall and ceiling coverings must be removed to accommodate connection to the building wiring."
(8) 
Delete Section 324, Protection Against Radon.
(9) 
Add the following subsection:
325.1 Fire extinguisher: Every dwelling unit shall be provided with at least one permanently mounted 2A-10B:C rated fire extinguisher, or approved equal, located as approved by the Building Official.
(10) 
Add the following subsection:
326.1 Wood decks/porches: All decks seven feet or more in height, measured from the walking surface to the surrounding grade at any point, shall be designed by a registered architect or licensed engineer.
(11) 
Add the following words to Subsection 403.1.1 Slope: "All concrete footings shall be keyed or doweled prior to construction of the foundation walls."
(12) 
Add the following subsection:
406.3.6 Windows below grade: All windows installed wholly or partially below grade shall be protected from water infiltration by discharging any accumulated water by gravity or mechanical means into an approved drainage system.
(13) 
Delete Chapters 29 through 38, related to plumbing, in their entirety.
(14) 
Add a new Chapter 29 as follows:
2901.1 Permit required: A plumbing permit, separate from the building permit, is required to be issued in accordance with Subsection 111.1 and the Plumbing Code of Whitpain Township.[3]
2901.2 General plumbing requirements: All plumbing shall comply with the provisions of the Plumbing Code adopted by the Whitpain Township Board of Supervisors by separate ordinance.[4]
[3]
Editor's Note: See Ch. 116, Plumbing.
[4]
Editor's Note: See Ch. 116, Plumbing.
(15) 
Replace Section 3903.2 with the following:
3903.2 Electrical inspection required: New electrical work, and parts of existing systems affected by new work or alterations, shall be inspected by an approved electrical underwriter to ensure compliance with the requirements of Chapters 39 through 46. Written evidence of final electric inspection shall be provided at or prior to the final inspection.
(16) 
Delete Appendices B, C, D, E and F.
(17) 
Modify Section 202, General Building Definitions, by revising the definition of "accessory structure" as follows:
[Added 6-16-1997 by Ord. No. 22-27]
ACCESSORY STRUCTURE. A building, the use of which is incidental and supportive to that of the main building, and which is located on the same lot. Secondary or additional dwelling structures or dwelling units on the same lot as the primary dwelling shall not be considered accessory structures.
(18) 
Modify Subsection 1001.1, General, by adding the following text to the end thereof:
A building permit is required for the construction of, or modifications to, a fireplace or chimney. This permit shall be issued to the constructor of the fireplace chimney and shall be in addition to the building permit for the structure. In the case where identical work is being completed at more than one location in the same subdivision, then one permit shall be required per constructor/installer for the multiple installations.
[Added 6-16-1997 by Ord. No. 22-27]
C. 
There is hereby added to the International Mechanical Code, 1996 Edition, the following modifications:
(1) 
Add the following subsection:
1101.4 Permit required: A mechanical permit, separate from the building permit, is required in accordance with Subsection 111.1.