A certain document, three copies of which are on file in the office
of the Manager/Secretary of the Borough of Marcus Hook, Delaware County, Pennsylvania,
being marked and designated as the "BOCA National Plumbing Code, Ninth Edition,
1993," published by the Building Officials and Code Administrators International,
Inc., be and is hereby adopted as the Plumbing Code of the Borough of Marcus
Hook, Delaware County, in the Commonwealth of Pennsylvania for the control
of buildings and structures as herein provided, and each and all of the regulations,
provisions, penalties, conditions and terms of said BOCA National Plumbing
Code are hereby referred to, adopted and made part hereof as if fully set
out in this chapter, with the additions, insertions and changes as prescribed
by other sections of this chapter.
By this chapter, Chapter
154, entitled "Plumbing," of the Codified Ordinances of the Borough of Marcus Hook, Pennsylvania, 1990, as supplemented and amended, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
The following sections are hereby revised as follows:
A. In Section P-101.1, second line, insert "the Borough
of Marcus Hook, Delaware County, Pennsylvania."
B. In Section P-105.1, Code official, insert, "For the purpose
of this chapter, the term 'code official' shall be synonymous with 'Plumbing
Inspector' wherever it may appear."
C. In Section P-109.2, Suspension of permit, substitute
"90 days" for "six months" in line two.
D. Section P-113.2, Fee schedule, shall be changed to read
as follows: "Fees for registrations and permits required by this code shall
be calculated using the fee schedule adopted by resolution by the Council
of the Borough of Marcus Hook. Where permit fees are calculated from the total
job cost, a bona fide copy of the contract for said job shall be provided
as part of the permit application documents."
E. In Section P-116.4, Violation penalties, seventh line,
insert "summary offense" and, in the sixth line, insert "the maximum amount
provided from time to time by state statute." Delete remainder of section.
F. In Section P-117.2, Unlawful continuance, fifth line,
following "shall be liable to a fine of," insert "up to the maximum amount
provided from time to time by state statute." Delete remainder of section.
G. In Section P-121.1, Application for appeal, change to
read: "Any person shall have the right to appeal a decision of the Plumbing
Inspector to the Council of the Borough of Marcus Hook. An application for
a special hearing may be made in writing to the Manager/Secretary's office
within 20 days after the notice was served."
H. In Section P-121.2, Membership of Board, replace with:
"For the purposes of this chapter, the word 'board', wherever it may appear
in this code, will be defined as meaning the Council of the Borough of Marcus
Hook."
I. Sections P-121.2.1 through P-121.2.6 are hereby deleted.
J. In Section P-121.5, Postponed hearing, change the words
"When five members" to the words "When any four Council members."
K. In Section P-304.3, Public systems available, third line,
insert "200 feet."
L. In Section P-309.4, Freezing, second line, insert "three
feet and zero inches."
M. In Section P-309.5, Sewer depth, insert "three feet and
zero inches" in both locations.
N. Add the following section:
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P-803.3 Existing drainage nuisances: Any surface or roof
drainage which creates a structural or health hazard or any other nuisance
to the owners or occupants of adjacent premises or to the public by reason
of discharge into, onto or across any adjacent building, premises or public
thoroughfare shall be abated by the owners of the improperly drained area.
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No water shall be provided for internal or external use to any residential,
commercial, industrial, agricultural, recreational, governmental or public
building or structure of any kind which is constructed or remodeled and in
which plumbing, water piping or water fixtures are to be installed, extended
or altered in any way and for which construction a permit is required to be
obtained from the Borough of Marcus Hook (or would be required but for an
exemption from a permit requirement for public or governmental agencies) unless
the new, extended or altered plumbing, water piping and other water-using
fixtures therein conform to the water conservation requirements and standards
of this chapter.
A. Water closets and associated flushing mechanisms. The
water consumption of water closets shall not exceed an average of one and
1.6 gallons per flush cycle over a range of test pressures from 20 to 80 pounds
per square inch (psi). The figure shall perform in accordance with the test
requirements of ANSI A112.19.2M and ANSI A112.19.6M.
B. Urinals and associated flushing mechanisms. Urinal water
consumption shall not exceed an average of 1.5 gallons per flush cycle over
a range of test pressures from 20 to 80 psi. The fixture shall perform in
accordance with the test requirement of ANSI A112.19.2M and ANSI A112.19.6M.
C. Showerheads. Showerhead discharge rates shall not exceed
3.0 gallons of water per minute over a range of test pressures from 20 to
80 psi. The fixture shall perform in accordance with the test requirements
of ANSI A112.18.1M.
D. Faucets. Sink and lavatory faucet discharge rates shall
not exceed 3.0 gallons of water per minute over a range of test pressures
from 20 to 80 psi. The fixture shall perform in accordance with the test requirements
of ANSI A112.18.1M.
E. Special purpose equipment. The water conservation performance
standards shall not apply to fixtures and fittings such as emergency showers,
aspirator faucets and blowout fixtures that, in order to perform a specialized
function, cannot meet the specified standards.
F. Exemptions. Any person(s) may apply to the Borough of
Marcus Hook for an exemption to the term of the water conservation performance
standards, which may be granted by the Borough Council, upon proof that some
other device, system or procedure will save as much or more water as those
set forth herein or that those set forth herein cannot be complied with without
undue hardship.
Nothing in this chapter or in the Plumbing Code hereby adopted shall be construed to affect any lawsuit or proceeding impending in any 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 as cited in §
154-2 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
Any person or persons who shall do any plumbing work without complying
with the provisions of this chapter regarding the procurement of a license
or certificate to engage in or carry on the business of plumbing or house
drainage, or without a permit, shall upon conviction before any District Justice,
be punishable for each offense by a fine of up to the maximum amount provided
from time to time by state statute.