Township of West Whiteland, PA One- and Two-Family Dwellings

Except as amended and modified by the Pennsylvania Uniform Construction Code contained in 34 Pennsylvania Code Chapters 401 through 405, the International Residential Code for One- and Two-Family Dwellings, including Appendix Chapters A, B, C, D, E, F, G, and J, as published by the International Code Council, Inc., is hereby adopted as the Residential Building Code of West Whiteland Township for the control of buildings and structures as herein provided, with additions, insertions, deletions, and changes prescribed in § 129-22 of this article.

§ 129-22 Modification of standards.

The following portions of the ICC International Residential Code are hereby changed, supplemented, and revised as follows:

Section R101.1, insert: "West Whiteland Township" at page 1, second line.

(Reserved)[1]

[1]

Editor's Note: Former Subsection B, which deleted and substituted Sections R103.2 and R103.3, was repealed 8-26-2015 by Ord. No. 425.

(Reserved)[2]

[2]

Editor's Note: Former Subsection C, which added a new Section R103.4, was repealed 8-26-2015 by Ord. No. 425.

(Reserved)[3]

[3]

Editor's Note: Former Subsection D, which added a new Section R106.6, was repealed 8-26-2015 by Ord. No. 425.

Underground/aboveground storage tanks.

[Amended 8-26-2015 by Ord. No. 425]

(1)

A building permit is required for installation, and a demolition permit is required for removal.

(2)

Underground/aboveground storage tanks. A permit is required to install, remove, repair, or alter a tank used for the storage of flammable, combustible liquids, or other liquids, or to modify or replace any line or dispensing device connected thereto. This includes noncombustible or nonflammable liquid storage tank repairs and/or removal.

(3)

All tank installations shall comply with all federal, state, and local requirements. Complete documentation relating to the removal/installation/modification/repair is required and shall include but not be limited to the following items: Pennsylvania Department of Environmental Resources installer's certification, letters of notification to the Pennsylvania Department of Environmental Protection and the Pennsylvania State Fire Marshal's Office for tank removal/installation, contractor's insurance certificates, and excavation sample test reports when required by the Fire Marshal or Code Administration Officer.

(Reserved)[4]

[4]

Editor's Note: Former Subsection F, which added a new Section R112.3.1, was repealed 8-26-2015 by Ord. No. 425.

Section R113.4 is changed to read as follows:

R113.4 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 Administration Officer or Assistant, or of a permit or use and occupancy permit issued under the provisions of this code, shall be, upon conviction, guilty of a summary offense, punishable by a fine of not less than $100 or more than $1,000, and costs and attorneys' fees, and upon default of the payment of the fine, costs, and attorney's fees, imprisonment not exceeding 30 days. Each day that a violation continues shall be deemed a separate offense.

Section R114.2 is changed to read as follows:

Section R114.2 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 conditions, shall be, upon conviction, guilty of a summary offense as set forth in Section R113.4 above.

(Reserved)[5]

[5]

Editor's Note: Former Subsection I, which added a new 115.0, was repealed 8-26-2015 by Ord. No. 425.

Table R301.2(1) is to be revised to read as follows:

Ground Snow Load	Wind Speed	Seismic Design Category	Weather- ing	Frost Line Depth	Termite	Decay	Winter Design Temp	Ice Shield Under- layment Required	Flood Hazards	Air Free- zing Index	Mean Annual Temp
30	90	B	Severe	36"	Moder- ate Heavy	Slight Moder- ate	14° F.	Yes	Ord. 127, 1973, amended Ord. 202, 12-16-1996, firm 9-29-2006	500	50° F.

Add a new Section R325 to read as follows:

	R325.1 Residential Fire Sprinklers: Residential one- and two-family use groups and all dwellings and structures built in accordance with the 2009 International Residential Code for One- and Two-Family Dwellings (this applies to all detached, attached, or any other configuration of dwelling units): An automatic fire-suppression system shall be provided throughout all buildings and structures, of residential one- and two-family use groups, in accordance with 903.3.1.3 of the International Building Code. This pertains to all buildings built under the 2009 IRC for one- and two-family dwellings.
	Automatic fire-suppression systems shall be installed in accordance with NFPA 13D (2007 Edition), with the following additions:
	1.	Drawings: Full shop drawings and hydraulic calculations shall be submitted to the Code Administration Officer for approval. The Code Administration Officer can waive the requirement for complete drawings and calculations if it is deemed unnecessary.
	2.	Flow Switch and separate fire alarm device (bell or horn) shall be provided.
	3.	Static Test: Systems shall be hydrostatic-tested for 200-PSI water test for two hours. A representative of West Whiteland Township shall be present.
	4.	Actual Flow Test Required: All NFPA 13D sprinkler systems shall be tested and approved prior to occupancy. The test shall consist of an actual sprinkler head flow test. The system shall meet or exceed the sprinkler head manufacturer's flow requirements for the design and area protected by the heads installed. The test shall be performed at the most hydraulically remote area of the system. The systems shall meet both the one- and two-head design criteria. The test shall be performed with a representative of the West Whiteland Township Code Administration's Office present. NFPA 13R systems are required to be flow-tested and shall meet the design requirements listed above, except a four-head flow test shall be performed.

Add new Section R325.2 to read as follows:

R325.2 Safety Factor: All NFPA 13D fire-suppression systems shall be designed as to provide a 10-PSI safety factor, as defined in NFPA 13.

Add new Sections R326.0 through R326.2 to read as follows:

[Amended 4-11-2018 by Ord. No. 441]

	R326.0 Wood Decks/Porches/Patios/Balconies/Stoops: Minimum construction requirements.
	R326.1 Cantilever: Maximum overhanging cantilever shall be two feet.
	R326.2 Support Post: Where the deck surface is four feet or less, four-inch by four-inch posts are permitted; if the deck is more than 48 inches above finished grade, a minimum post size shall be six inches by six inches.

§ 129-23 Municipal liability.

The granting of any permit or registration certificate, the performance of any review or inspection, or any other action taken under this article by the Township or any of its designated officials shall not constitute a representation, guaranty, or warranty of any kind by the Township or any of its officials or employees as to the quality, workmanship or effectiveness of any construction or repairs and shall create no liability upon or a cause of action against the Township, its officials or employees for any property damage or personal injury that may result from any such construction or repairs.

§ 129-24 Effect on existing suits, proceedings and remedies.

Nothing in this article or in the International Residential Code hereby adopted shall be construed to affect any suit or proceeding pending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed cited in Section 4 of this article, nor shall any preexisting legal right or remedy of any character be lost, impaired or affected by this article.

§ 129-25 Residential fire sprinklers administration and enforcement.

[Added 8-27-2014 by Ord. No. 415]

Purpose; policy; authority.

(1)

The purpose of this section is to address a petition of single-family residential homeowners whose residences are served by existing automatic fire-suppression systems installed prior to January 1, 2004, with similar, documented installation-related flaws that have caused widespread malfunctions to the systems resulting in significant water damage to residences with no readily available reasonable corrective measure, by establishing an administration and enforcement policy regarding the maintenance of those systems.

(2)

Upon exhaustive investigation into the cause of the malfunctions and solutions, including consultation with nationally recognized fire sprinkler organizations who promote the use of such residential systems, it is the policy of the Board of Supervisors in order to prevent and mitigate property damage to the applicable residences, to administer §§ 129-16F and 129-22K of this chapter such that the voluntary deactivation of these existing automatic fire-suppression systems by the homeowners will not be considered a violation of this chapter.

(3)

The Township may enact and enforce ordinances to govern and regulate the occupation, maintenance and inspection of buildings and housing and to prevent and restrain the use or occupancy of any building, housing or structure used or occupied in violation of such ordinances by § 1517 of the Second Class Township Code, 53 P.S. § 66517, to adopt by reference a nationally recognized building code as an ordinance of the Township by § 1601(e) of the Second Class Township Code, 53 P.S. § 66601(e), and to provide for enforcement of such ordinances by the institution of appropriate actions or proceedings at law or in equity to prevent and restrain the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use or occupancy of buildings used in violation of such ordinances, in addition to seeking penalties for such violations by summary offense pursuant to § 1601(c.1)(2) of the Second Class Township Code, 53 P.S. § 66601(c.1)(2).

Applicability.

[Amended 6-10-2020 by Ord. No. 454]

(1)

This policy shall apply to those detached one-family dwellings fronting on the following streets: Bell Court, Bentley Court, Bond Court, Bowen Drive, Colfelt Court, Green Valley Road (only street addresses 210 through 226), Horizon Court, Howell Court, Jacobs Court, Jones Court, Landers Court, Preston Court, Quinn Court, Swedesford Road (only street address 600) and Trimble Lane.

(2)

This policy shall also apply to all other attached and detached one- and two-family dwellings, regardless of geographic location, which have residential fire sprinkler systems meeting all the following criteria:

(a)

The fire sprinkler system consists of, in whole or in part, CPVC piping; and

(b)

The fire sprinkler system is constructed such that protection from freezing is achieved by employing an antifreeze solution within the system; and

(c)

Sufficient evidence is presented to the Code Administration Officer that the affected system is in danger of catastrophic failure.

Implementation.

(1)

The owner of the property will have the sole responsibility to determine whether to maintain or disconnect the automatic fire-suppression system located on the property.

(2)

The owner of the property will promptly notify the Code Administration Officer by submission of a written form prepared by the Code Administration Officer if the owner decides to voluntarily disconnect or otherwise render inoperable the automatic fire-suppression system located on the property.

(3)

The owner of the property will promptly notify the homeowner's insurance carrier if the owner decides to voluntarily disconnect or otherwise render inoperable the automatic fire-suppression system located on the property.

(4)

This policy shall not apply to the property if 50% or more of the structure is demolished by any fire, disaster, collapse, etc., as provided in Section P116.6[1] of the West Whiteland Township Building Code, and any reconstruction shall fully comply with the automatic fire-suppression system requirements then in effect.

[1]

Editor's Note: See § 129-16P.

(5)

(Reserved)[2]

[2]

Editor's Note: Former Subsection C(5), regarding additions or alterations to existing structures, was repealed 9-10-2014 by Ord. No. 416.

(6)

Official Township building records will note the existence of this policy for each dwelling located within the delineated streets noted in § 129-25B subject to the policy, and any additional property made subject to the policy by decision of the Board of Appeals, so as to disclose as a matter of public record that the owner of the property may have decided to disconnect or otherwise render inoperable the automatic fire-suppression system located on the property.

Township liability. The Board of Supervisors encourages all owners to maintain their automatic fire-suppression system in good working condition. Accordingly, owners who disconnect or otherwise render inoperable the automatic fire-suppression system located on their property do so at their own risk, and assume full responsibility for damages to persons or property that may result from the failure to have an operable automatic fire-suppression system located on their property. The Township will vigorously defend any claim by the property owner or any third party alleging Township liability under this policy for any such damages.