The following insertions and changes are hereby made to the BOCA National Building Code/1996:
A. 
Section 101.1 shall be amended to read as follows:
101.1 Title: These regulations shall be known as the "Building Code of Montgomery Township," and, where the words "this code" appear, they shall refer to said BOCA National Building Code/1996 and this chapter.
B. 
Section 102.4, Referenced standards, shall be amended to add the following sentence at the end of the paragraph: "The CEO shall make the final determination."
C. 
The following provisions shall be added after Section 103.3:
(1) 
Damages exceeding 25%: If a structure is damaged by fire or any other cause to an extent in excess of 25% of the physical value of the structure before the damage was incurred, this code's requirements for new structures shall apply.
(2) 
Existing roofs: Repair to existing roofs shall comply with the requirements of § 1512.0 of this code.
(3) 
Part change in use: If a portion of a structure is changed in occupancy or to a new use group and that portion is separated from the remainder of the structure with the required vertical and horizontal fire separation assemblies complying with the fire grade in Table 602, then the construction involved in the change shall be made to conform to the requirements for the new use and occupancy, and the existing portion shall be made to comply with the exitway requirements of this code.
(4) 
Physical value: In applying the provisions of this section, the physical value of the structure shall be determined by the CEO and be based on current replacement costs.
D. 
Amend Section 107.1, Permit application, by inserting the following at the end of the sentence: "or use."
E. 
Section 107.5, Construction documents, is revised to delete therefrom the requirements for "two copies of specifications and of plans drawn to scale" and to substitute instead a requirement for "three copies of specifications and of plans drawn to scale." In all other respects said Section 107.5 remains unchanged.
F. 
Section 108.2, Suspension of permit, is hereby amended to read:
108.2 Invalidity of permit: Any permit issued shall become invalid if the authorized work is not started within six months after issuance of the permit or if the authorized work is not completed within one year after the issuance of the permit. It shall be the responsibility of the holder of the permit to secure reissuance of the permit prior to continuing the work.
G. 
Section 108.3 is deleted in its entirety.
H. 
Section 108.8 is hereby amended to read:
108.8 Posting of permit: A true copy of the building permit shall be kept on the site of operations and be posted so as to be visible from the road and be kept undamaged and be replaced if damaged or destroyed.
I. 
Section 110.0 shall have the following inserted: "To be reviewed by the Montgomery Township Historical Society."
J. 
Section 112.3.1 shall have the following inserted: "Montgomery Township Fee Schedule."
K. 
Section 116.4 is deleted in its entirety.
L. 
Sections 121.1 through 121.5 are hereby amended to read:
121.1 Application for appeal: Any person may appeal to the Board of Appeals any decision of the Code Enforcement Office involving the refusal to grant a permit, the rejection of a permit application or the refusal to grant a modification to the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure, any order or notice issued by the Code Enforcement Office or the issuance of a building permit, the grant of a modification to the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure by the Code Enforcement Office to issue any order or notice. The application for an appeal shall be made, in writing, to the Township Manager within 10 days after the date of the refusal or rejection of a permit or the application for a permit or the issuance of any order or notice by the Building Official or the refusal of the Building Official to grant a modification to the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of building or structures or the refusal of the Code Enforcement Office to issue any order or notice when requested, in writing, to do so.
121.2 Membership of the Board: The Board of Appeals shall consist of three members of the Board of Supervisors of Montgomery Township.
121.3 Notice of meeting: The Board of Appeals shall meet within 30 days following the filing of the appeal to decide the appeal. Ten days' prior notice of the hearing date shall be given by ordinary mail to the appellant, and, if the appellant is not the owner of the subject premises involved in the appeal, then 10 days' prior notice of the hearing shall also be given to the owner of the subject property by ordinary mail.
121.4 Public hearings: All hearings shall be public, and the appellant, his attorney or other representative, the representative from the Code Enforcement Office and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard and an opportunity to examine and cross-examine witnesses and to present witnesses.
121.5 Quorum: Three members of the Board of Supervisors shall constitute a quorum for the conduct of any business by the Board of Appeals, and any matter presented to the Board of Appeals may be decided if a quorum is present by a majority of the members of the Board of Appeals then in attendance.
M. 
Sections 121.2.1, 121.2.2, 121.2.3 and 121.2.4, inclusive, are deleted in their entirety.
N. 
Section 904.2 is amended to change the reference from 12,000 square feet to 5,000 square feet and delete all exceptions.
O. 
Section 904.4 is amended to change the reference from 20,000 square feet to 5,000 square feet.
P. 
Section 904.6 is amended to delete the word "not" after the word "shall" in the third line.
Q. 
Section 904.7, Subdivision 1, is amended to insert 5,000 square feet in place of 12,000 square feet. Subparagraph 2 is amended to insert 5,000 square feet in place of 24,000 square feet. Delete the exception and add new exception: "..... unless constructed as Type 1B, 1C, 2A, 2B or 2C from Table 503 and in accordance with Table 602."
R. 
Section 904.8 is amended to delete the exception.
S. 
Section 904.9 is amended to delete the exception.
T. 
Section 916.6 is amended to read:
916.6 Hose thread: A five-inch Stortz connection only shall be used unless otherwise approved by the CEO or Fire Chief.
U. 
Section 924.1 is amended to add Subdivision 3 to read: "A Knox Box shall be located upon all buildings with a key for entry for both sprinkled and unsprinkled buildings, upon existing, reoccupied, renovated or new structures."
The following provisions are hereby added to this code:
A. 
Permits required by other jurisdictions: All permits or certifications required by federal or state laws or regulations regarding hazardous or dangerous industry, trade, occupation or use which involve the transportation, storage or handling of explosives, flammable, combustible, toxic, bacterial, radioactive, nuclear, chemical or other substances involving fire or life or health hazards shall be secured by the applicant and evidence of the same shall be submitted to Montgomery Township prior to the issuance of any permit by the Code Enforcement Office.
B. 
Nuisances declared: Any building or structure or any part thereof, or the service equipment of any building or structure, erected, altered, reconstructed, repaired, removed or added to or maintained contrary to any of the provisions of this chapter is hereby declared to be a public nuisance and is abatable as such pursuant to the Second Class Township Code, as amended.
C. 
Flood damage control regulations:
(1) 
Scope: In order to prevent excess damage to buildings and structures due to flooding conditions, the following provisions shall apply to all proposed construction or development located in the FP Floodplain Conservation District, as defined in Article IV, § 230-12, of the Montgomery Township Zoning Ordinance, as amended.
(2) 
New construction or substantial improvements of structures shall have the lowest floor, including basement, elevated to at least 1 1/2 feet above the flood elevation base, as defined herein.
(3) 
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred, shall be elevated and/or floodproofed to the base flood elevation.
(4) 
Substantial improvements, modifications, alterations, reconstruction or improvements of any kind to nonresidential structures shall be elevated or floodproofed to the elevations required above.
(5) 
Existing structures located in a designated floodway shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements.
(6) 
Structures located within the Floodplain Conservation District may be rebuilt if destroyed by fire or other catastrophe, provided that the reconstruction will not result in an increase in the flood elevation base, as referenced in the Flood Insurance Study, Montgomery Township.
(7) 
If fill is used to raise the finished surface of the lowest floor 1 1/2 feet above the base flood elevation, the following requirements apply:
(a) 
Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points. From nonresidential structures, fill shall be placed to provide access acceptable for the intended use. At-grade access, with fill extending laterally 15 feet beyond the building line, shall be provided to a minimum of 25% of the perimeter of a nonresidential structure.
(b) 
Fill shall consist of soil or rock materials only.
(c) 
Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or setting.
(d) 
Fill slopes shall be no steeper than one vertical or two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Code Enforcement Officer.
(e) 
Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
(8) 
Any additions permitted to nonconforming structures or new structures permitted by special exception or variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water. In so doing, consideration shall be given to their effect upon the flow and height of floodwaters.
(9) 
All structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or other movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
(10) 
All air ducts, large pipes and storage tanks located at or below the flood elevation base shall be firmly anchored in accordance with accepted engineering practices to prevent flotation.
(11) 
Where located at or below the regulatory flood elevation:
(a) 
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
(b) 
Plywood shall be of an exterior or marine grade and of a water-resistant or waterproof variety.
(c) 
Walls and ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.
(d) 
Window frames, door frames, door jambs and other components shall be made of metal or other water-resistant material.
(12) 
Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(a) 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(13) 
All electric water heaters, electric furnaces, electric air-conditioning and ventilating systems and other electrical equipment or apparatus shall be permitted only at elevations above the flood elevation base.
(14) 
No electrical distribution panels shall be allowed at an elevation less than three feet above the flood elevation base.
(15) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(16) 
Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the flood elevation base.
(17) 
All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(18) 
Where located at or below the flood elevation base:
(a) 
Adhesives shall have a bonding strength that is unaffected by inundation (i.e., marine or water-resistant quality).
(b) 
All wooden components (doors, trim, cabinets, etc.) shall be sealed with a marine or water-resistant quality or similar product.
(c) 
Paints or other finishes shall be capable of surviving inundation (i.e., marine or water-resistant quality).
(19) 
No materials that are buoyant, flammable or explosive or that, in time of flooding, could be injurious to human, animal or plant life shall be stored below the flood elevation base, per Article IV, § 230-12, of the Montgomery Township Zoning Ordinance.
(20) 
If compliance with the elevation or floodproofing requirements stated in this code would result in an exceptional hardship for a landowner, the Township Board of Supervisors may, upon request, grant relief from the strict application of the requirements.
(21) 
Relief issued shall conform to the following general guidelines:
(a) 
Any new residential structure or substantial improvements or a structure which cannot be elevated to 1 1/2 feet above the flood elevation base shall be elevated to the maximum extent possible.
(b) 
Any modification, alteration, reconstruction or improvement to the existing structure, to an extent or amount of less than 50% of its market value, which cannot be elevated and/or floodproofed to the flood elevation base, shall be elevated to the maximum extent possible and floodproofed for the remaining height to the flood elevation base in accordance with the requirements established for the W3-W4 classes in the publication referenced in § 2601.1, Subdivision 3, of this code.
(22) 
Requests for relief from the strict application of the provisions of this code may be granted by the Township Board of Supervisors in accordance with the following procedures and criteria:
(a) 
No relief shall be granted for any construction, development, use or activity within any floodway that would cause any increase in the flood elevation base.
(b) 
If granted, relief shall involve only the least modification necessary.
(c) 
In granting relief, the Board may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this code.
(d) 
Whenever a relief is granted, the Board shall notify the applicant, in writing, that:
[1] 
The granting of relief may result in increased premium rates for flood insurance.
[2] 
Such relief may increase the risks to life and property.
(e) 
In reviewing any request for relief, the Board shall consider but not be limited to the following:
[1] 
That there is good sufficient cause.
[2] 
That failure to grant the relief would result in exceptional hardship to the applicant.
[3] 
That the granting of the relief will not result in any unacceptable or prohibited increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or state ordinances and regulations.
[4] 
That the granting of relief will not result in any adverse impact on adjacent landowners, either upstream or downstream.
(f) 
The Code Enforcement Officer shall maintain a complete record of all requests for relief and related actions related to the Floodplain Conservation District. In addition, a report of all requests for relief granted during the year shall be included in the annual report submitted to the Federal Insurance Administration.
D. 
Supplementary administrative provisions for activities within the Floodplain Conservation District:
(1) 
Plan requirements. In addition to the permit application requirements normally required under the Montgomery Township Zoning Ordinance (Article IV, Chapter 230, of the Code of the Township of Montgomery) as amended, the CEO shall require the following specific information to be included as part of the application for a building permit:
(a) 
For structures to be elevated:
[1] 
A plan showing the size of the proposed structure and its relation to the lot where it is to be constructed.
[2] 
A determination of elevations of the existing ground, proposed finished ground and lowest floors certified by a registered professional surveyor.
[3] 
Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, etc. When required by the CEO, these plans shall be prepared by a registered professional engineer or architect.
[4] 
Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas, etc.) from flooding to an elevation at least 1 1/2 feet above the flood elevation base at the building site.
(b) 
For structures to be floodproofed (nonresidential only):
[1] 
Plans showing details of all floodproofing measures; prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed.
[2] 
A determination of elevations of existing ground, proposed finished ground, lowest floors and floodproofing limits, certified by a registered professional surveyor.
[3] 
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection D(1)(b)[1] above that the structure in question, together with attendant utility and sanitary facilities, is designed so that:
[a] 
Below an elevation 1 1/2 feet above the flood elevation base the structure is watertight with walls impermeable to the passage of water.
[b] 
The structures will withstand the hydrostatic, hydrodynamic buoyant impact and other forces resulting from the flood depths, velocities, pressures and other forces associated with the flood base.
(c) 
For structures to be floodproofed in accordance with the W3-W4 class requirements in the Office of the Chief of Engineers, United States Army, Publications Number EP 1165 2 314, June 1972, and as subsequently amended:
[1] 
Plans showing details of all floodproofing measures, prepared by a registered professional engineer or architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed.
[2] 
A determination of elevations of existing ground, proposed finished ground, lowest floors and floodproofing limits, certified by a registered professional surveyor.
[3] 
A certificate prepared by the registered professional engineer or architect who prepared the plans in Subsection D(1)(c)[1] above that the structure in question, together with attendant utility and sanitary facilities, is designed to satisfy the floodproofing requirements of the W3-W4 classes in the above referenced publications.
(2) 
Review by technical agencies. A copy of all applications and plans for construction or development in the Floodplain Conservation District to be considered for approval shall be submitted by the CEO to the Pennsylvania Department of Environmental Protection, Montgomery County Conservation District, the Township Engineer and appropriate municipal agencies for review and comment prior to the issuance of a building permit. The recommendations of all technical review agencies shall be considered by the CEO for possible incorporation into the proposed plan.
(3) 
Other permit issuance requirements. Prior to the issuance of any building permit the CEO shall review the application for a permit to determine if all other necessary governmental permits have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act,[1] the Dam Safety and Encroachment Act,[2] the Pennsylvania Floodplain Management Act, P.L. 851, No. 166 of 1978,[3] the Pennsylvania Stormwater Management Act, P.L. 864, No. 167 of 1978,[4] and the Federal Water Pollution Control Act Amendments of 1972, § 404, 33 U.S.C. § 1334, and as each is amended. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.
[4]
Editor's Note: See 32 P.S. § 680.1 et seq.
(4) 
Inspection and revocation. During the construction period, the CEO or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township laws and ordinances.
(5) 
In the discharge of his duties, the CEO shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
(6) 
In the event that the CEO discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by the applicant, the CEO may revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
(7) 
A written record of all such inspections and violations of this chapter shall be maintained.
(8) 
For purposes of implementation of these provisions, start of construction shall be considered as defined in Article 27 of this code.
(9) 
General definitions. The following definitions shall be used in making reasonable interpretations of the provisions contained in this section of the chapter:
FLOOD BASE
The flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared; for purposes of this code, the one-hundred-year flood, as referenced in the current Montgomery Township Flood Insurance Study prepared by the Federal Emergency Management Agency, Federal Insurance Administration.
FLOOD ELEVATION BASE
The one-hundred-year flood elevation, as referenced in the Montgomery Township Flood Insurance Study, prepared by the Federal Emergency Management Agency, Federal Insurance Administration, within the approximated floodplain, alluvial soils floodplain or areas determined to be floodplain as documented by the Township Engineer. The one-hundred-year-flood elevation shall be established as a point on the boundary of the approximated floodplain nearest the construction site in question.
BUILDING
A constructed edifice designed to stand more or less permanently enclosing a space of land, usually covered by a roof and more or less completely enclosed by walls and serving as any residential or nonresidential use, gas or liquid storage tank, shelter for animals or other useful structure distinguished from structures not designed for occupancy (such as fences or monuments) and from structures not intended for use in one place (such as boats and trailers), even though subject to occupancy of which at least 51% of actual cash value (less land value) is located above ground (see "structure" definition).
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations.
FLOOD
A temporary condition of partial or complete inundation of normally dry land areas.
FLOOD PLAIN (or FLOODPLAIN)
That area defined in Article IV of the Township Zoning Ordinance as the Floodplain Conservation District; the floodplain definition contained therein (§ 230-5) is made part of this code by reference.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Such measures are set forth in the floodproofing regulations published by the Office of the Chief Engineers, United States Army Publication No. EP 1165 2 314 (June 1972, and as subsequently amended). Floodproofing measures for all new construction and substantial improvements to structures shall satisfy the requirements of the completely dry spaces (W1) and essentially dry spaces (W2) classes referenced in these regulations. In said publication, where reference is made to "below" (or above) the BFD (base flood datum), it shall be interpreted as meaning below (or above) the base flood elevation. Said regulations are contained in the Building Code of Montgomery Township, as amended.
FLOOD, ONE-HUNDRED-YEAR
A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year. For the purposes of this code, the one-hundred-year flood (base flood), as defined by the Federal Emergency Management Agency, Federal Insurance Administration, in the Flood Insurance Study, Montgomery Township.
FLOOD ELEVATION REGULATORY
The one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.
START OF CONSTRUCTION
(a) 
Work on the proposed construction and/or development shall begin within six months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the CEO. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basements, footings, piers or foundations, erection of temporary forms, the installation of sewer, gas and water pipes or electrical and other services lines from the street.
(b) 
Time extensions shall be granted only if a written request is submitted by the applicant at least 30 days prior to the date of expiration which sets forth sufficient and reasonable cause for the approval of such a request.
STRUCTURE
Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, mobile homes and other similar entities.
SUBSTANTIAL IMPROVEMENTS
(a) 
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the structure, either:
[1] 
Before the improvement or repair is started; or
[2] 
If the structure has been damaged and was being restored before the damage occurred.
(b) 
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
[1] 
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
[2] 
Any alteration of a structure listed on a National Register of Historic Places or a State Inventory of Historic Places.
E. 
False alarms: The provisions related to false alarms set forth in § 56-9 of the Code of the Township of Montgomery, as amended, are incorporated herein by reference.