The Borough of Marcus Hook hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999 (35 P.S.
§§ 7210.101 to 7210.1103), as amended from time to time, and
its regulations.
The Uniform Construction Code, contained in 34 Pa Code, Chapters 401
to 405, as amended from time to time, is hereby adopted and incorporated herein
by reference as the municipal building code of the Borough of Marcus Hook.
Administration and enforcement of the Uniform Code within the Borough
shall be undertaken in any of the following ways as determined from time to
time by resolution of the Borough Council:
A. By the designation of an employee of the Borough to serve
as the municipal code official to act on behalf of the Borough.
B. By the retention of one or more construction code officials
or third-party agencies to act on behalf of the Borough.
C. By agreement with one or more other municipalities for
the joint administration and enforcement of this Act through an intermunicipal
agreement.
D. By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of this Borough.
E. By entering into an agreement with the Pennsylvania Department
of Labor and Industry for plan review, inspections and enforcement of structures
other than one-family or two-family dwelling units and utility and miscellaneous
use structures.
A Board of Appeals shall be established by resolution of the Borough
Council in conformity with the requirements of the relevant provisions of
the Code, as amended from time to time, and for the purposes set forth therein.
If at any time enforcement and administration is undertaken jointly with one
or more other municipalities, said Board of Appeals shall be established by
joint action of the participating municipalities.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this chapter and the Code shall be established from
time to time by resolution of the Borough Council.
[Added 6-6-2005 by Ord. No. O-05-2;
approved 6-6-2005]
A. Sprinkler systems. The standards adopted herein covering
automatic sprinkler systems apply to newly constructed buildings and to existing
buildings and supersede any and all provisions and requirements found in the
International Building Code, Chapters 9 and 34, the International Existing
Building Code, and the International Residential Code.
(1) Applicability. This Subsection
A shall apply to two-family and multifamily residential structures, and commercial, industrial, educational and religious occupancies of one or more stories in height.
(2) Definitions. As used in this Subsection
A, the following terms shall have the meanings indicated:
COMMERCIAL STRUCTURES
Any structure used for retail and service use which is intended to
service both regional and neighborhood customers.
EDUCATIONAL OCCUPANCIES
Any building, structure or dwelling that houses students, including
but not limited to schools, day cares, preschools, learning centers, etc.
INDUSTRIAL STRUCTURES
Any structure used for light/heavy or limited industrial use in the
form of both industrial parks and individual industrial structures.
MULTIPLE-OCCUPIED DWELLINGS
Occupancies where there are three or more living units, including
but not limited to apartment buildings, rooming houses, convents, rectories,
assisted living facilities and halfway houses.
RELIGIOUS OCCUPANCIES
All houses of worship including any common area on the premises that
provides a place of gathering for members, congregants or parishioners.
SINGLE-FAMILY DWELLINGS
An occupancy where a living unit is occupied by members of one family,
including occupancies of the same description where rooms are rented.
SPRINKLER SYSTEM
For fire-protection purposes, an integrated system of underground
and overhead piping designed in accordance with fire-protection engineering
standards. The installation includes a water supply and/or connection by underground
piping to a city main. The portion of the sprinkler system aboveground is
a network of specially sized or hydraulically designed piping installed in
a building, structure or area, generally overhead, and to which sprinklers
are connected in a systematic pattern. The system includes a controlling valve
and a device for activating an alarm when the system is in operation. The
system is usually activated by heat from a fire and discharges water over
the fire area. The sprinkler system shall meet NFPA-13 specifications for
sprinkler performance.
TWO-FAMILY DWELLINGS
Any occupancy where the living units are occupied by two separate
families with independent cooking, sleeping and bathroom facilities.
(3) Compliance requirements.
(a) Buildings and/or structures hereinafter constructed shall
be equipped with an approved automatic sprinkler system.
(b) Plans of all proposed automatic fire-protection systems
installations shall first be submitted to the Borough Code Enforcement Officer
for approval, prior to the issuance of any building permit.
(c) Vacant or unoccupied buildings or portions thereof which
now have automatic sprinkler systems shall be maintained so as to keep the
system active and functional at all times.
(d) All buildings and/or structures that are being renovated, rebuilt or modified for more than 50% of their value shall conform to the provisions of this Subsection
A.
(e) All buildings, structures and dwellings that are converted from single-family owner-occupied dwellings to single-, multiple- or two-family rental units or where the number of living units is increased by one or more units shall conform to the provisions of this Subsection
A.
(f) All buildings or structures that are converted from commercial or industrial occupancies to residential, educational or religious occupancies shall conform to the provisions of this Subsection
A.
(4) Combination system allowed. In single-, multiple- and
two-family residential structures with a maximum of two stories, a combination
automatic fire-protection sprinkler system shall be allowed. In a combination
system, the automatic sprinkler system and domestic water system can utilize
the same common water service supply pipe to the premises so long as they
meet NFPA-13 and Chester Water Authority requirements.
(5) Installation of system.
(a) All automatic sprinkler systems shall be installed in
compliance with the applicable sections of the NFPA 13, 13-D or 13-R and any
requirements imposed by the Borough Code Enforcement Officer.
(b) When an automatic sprinkler system is required by these
regulations, it shall be meant to require 100% coverage of all interior spaces,
except those areas that are given special exception by the Borough Code Enforcement
Officer.
(c) A complete set of drawings showing the design, spacing
and location of all equipment as well as a listing of all hydraulic
calculations shall be submitted to the Borough Code Enforcement Officer with
approved engineer seals, prior to the commencement of any work.
(d) A permit shall be obtained from the Borough Code Enforcement
Officer prior to the commencement of any work.
(6) Maintenance. It shall be the legal duty of the owner
of each building, structure or dwelling occupancies to maintain the automatic
sprinkler system so as to keep the automatic sprinkler system active and functional
at all times.
(7) Testing of system.
(a) Systems in commercial, industrial or multifamily dwellings
shall be flow tested and inspected once per year by a certified fire-protection
engineer, and a report on such testing shall be filed with the Borough Code
Enforcement Officer.
(b) Systems in single-family and two-family dwellings shall
be flow tested and inspected once every two years by a certified fire-protection
engineer, and a report on such testing shall be filed with the Borough Code
Enforcement Officer.
(c) Systems in owner-occupied single-family dwellings are not required by this Subsection
A to be tested, but, in the interest of fire safety, all owners are encouraged to have their systems checked at least every two years.
(d) All systems in existence at the time of adoption of this Subsection
A shall be tested and inspected in compliance with the applicable subsections of this subsection.
(8) Enforcement. The Borough Code Enforcement Officer shall ensure proper compliance with all provisions of this Subsection
A.
(9) Liability of Borough. This Subsection
A creates no legal liability to the Borough of Marcus Hook other than to ensure that, at the time of inspection, the system was present and functional.
(10) Violations and penalties. Any person violating any of the provisions of this Subsection
A shall, upon conviction thereof, be punishable for each offense by a fine of up to the maximum amount provided from time to time by state statute.