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Township of Whitehall, PA
Lehigh County
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[Adopted 11-10-2003 by Ord. No. 2439]
A certain document, three copies of which are on file in the office of the Bureau of Planning, Zoning and Development, Department of Operations, Township of Whitehall, being marked and designated as the "he International Residential Code for One- and Two- Family Dwellings, 2000" (hereinafter referred to as the "International Residential Code"); as published in cooperation with the International Conference of Building Officials and the Southern Building Code Congress International, Inc.; as hereinafter amended by and is hereby adopted as the "Whitehall Township Residential Code," in the County of Lehigh, Commonwealth of Pennsylvania, for the control of one- and two-family buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Residential Code, as hereinafter amended, are hereby referred to, adopted, and made a part of hereof as if fully set out in this article. The International Residential Code and this article shall collectively be considered and referred to therein as in the International Code as the "code."
All other building ordinances or codes inconsistent herewith, whether in whole or in part, are hereby repealed, except as hereinafter specifically adopted, continued, or included by reference. In the event that this article, code or part thereof is in conflict with any other non-building ordinance or code or part thereof, the more restrictive provisions shall be deemed applicable.
A. 
The International Residential Code is hereby revised and amended, pursuant to the following additions, amendments, as:
(1) 
Subsection R101.1, Title, (second line) shall be amended to insert "Township of Whitehall" for "(Name of Jurisdiction)."
(2) 
Chapter 1, Administration, Section R102, Applicability, Subsection R102.1, General, the last sentence thereof shall be amended to read as follows:
Except as is required by any applicable state or federal law, statute, rule, regulation, or order relative to making buildings accessible to disabled persons, the construction, addition, alteration, repair, or removal of or to any structures shall conform to that required of a new structure without requiring the existing structure to comply with all of the requirements of this code, except that no owner of any commercial or industrial structure shall affix any addition, enlargement or extension thereto unless the original structure or building has a foundation which complies with the requirements set forth in this code.
(3) 
Section R102, Applicability, Subsection R102.2, Other Laws, shall be amended to include the following subsections:
R102.2.1. Requirements of department of labor and industry of Pennsylvania: Whenever any provision or requirement of the regulations of the Department of Labor and Industry of the Commonwealth of Pennsylvania is more stringent or stricter than a provision or requirement of the code, then the applicable provision or requirement of the regulations of the said Department of Labor and Industry shall supersede any such provision or requirement of the code.
R102.2.2. Access by physically handicapped: All buildings and building sites which are subject to federal or state laws, rules, or orders relative to making the same accessible to and usable by person with disabilities (i.e., the Americans With Disabilities Act) shall comply with all such standards, specifications, and principles of those legislative enactments including, but not limited to, areas of refuge.
(4) 
Section R102, Applicability, Subsection R102.7.1, Additions, Alterations or Repairs, shall be amended to read:
R102.7. Additions, alterations or repairs: Additions, alterations or repairs to any structure shall conform to that required for a new structure without requiring the existing structure to comply with all of the requirements of this code unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. Ordinary repairs to single-family residential dwelling units shall be construed to include interior alterations, additions or modifications of non-bearing walls or supports that do not involve the relocation or extension of water supply, sanitary sewer, gas service, electrical service or mechanical conveyance systems. Where these utility systems are relocated or extended, the jurisdiction of this code is limited to the specific system(s) relocation(s) and not the entire project.
(5) 
Section R103, Department of Building Safety, Subsections R103.1 through R103.3, are hereby deleted and shall be replaced with the following:
R103.1. Administration. This code shall be administered by the Department of Operations, Bureau of Planning, Zoning and Development. The Township Zoning Officer shall receive all requests and applications for building permits and zoning permits, issue building permits and zoning permits, and keep a record of all applications for permits and permits issued, with notation of all special conditions involved.
R103.2. Effective administration and reports. Responsibility for effective administration of this code and for periodic reports relating to enforcement hereof is that of the chief of the Bureau of Planning, Zoning and Development.
R103.3. Appointment. The Building Inspector or Inspectors shall be appointed by the Mayor. Building Inspectors shall conduct inspections of all work accomplished in the Township and shall maintain detailed records of all such activities. Building Inspectors shall not be engaged in the Township, directly or indirectly, with the furnishing of labor, materials or appliances for the construction, alteration, or maintenance of a building, or in the preparation of plans or specifications therefor, unless such Inspector is the owner of such building.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(6) 
Section R104, Duties and Powers of the Building Official, Subsections R104.1 and R104.4, are hereby deleted and replaced with the following:
R104.1. General. This code may be enforced by the Director of the Department of Operations. All individuals charged with the enforcement are hereby deemed, individually, as the Code Enforcement Officer and collectively as the Code Enforcement Officers. Building Inspectors are hereby expressly granted enforcement authority. The Building Official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
R104.4. Inspections. All required building code inspections shall be made by the Building Inspector or by such other personnel as are designated by the Bureau Chief of Planning, Zoning and Development or by the Mayor. All inspections shall be reported in writing to the Chief of the Bureau of Planning, Zoning and Development or to his or her designee. Each Building Inspector shall have the power and duty, in the interest of public safety, health and general welfare, to designate reasonable requirements in addition to those found herein, applicable because of the local climactic or other conditions, provided that such additional requirements do not waive any provision hereof. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(7) 
Section R105, Permits, Subsection R105.1, Required, shall be amended to read as follows:
R105.1. Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done shall first make application to the building official and obtain the required permit. Application for a permit shall be made by the contractor or his agent. If no contractor is involved, then and only then may the owner or lessee apply for a building permit. If work is commenced by any contractor or his agent without first applying for a permit, said contractor's Township business license shall be subject to revocation.
(8) 
Subsection R105.3.1, Action on Application, shall be amended to include the following:
For the purposes of this section, the phrase "reasonable time" shall mean 90 days after a fully completed application is submitted. Notice of the disapproval of an application shall include a brief explanation setting forth the reasons for the disapproval and the manner in which the application can be corrected and/or modified to obtain approval. Where plans, specifications, plot plans and engineering details are not required, or where plans and plot plans are required for standard residential construction, action on the application shall be taken no later than 10 working days after the application is submitted. Notwithstanding any term, condition or provision of this subsection, no permit shall be issued until such time as the Pennsylvania Department of Labor and Industry has either issued a letter that no approval is necessary or has approved all commercial and/or multifamily plans and/or that the Pennsylvania Department of Agriculture has approved all food service establishment plans.
(9) 
Subsection R105.3.2, Time Limitation of Application, shall be amended to read as follows:
R105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the code official shall grant one or more extensions of time for additional periods not exceeding 90 days each if there is reasonable cause.
(10) 
Subsection R105.6, Suspension or revocation, shall be amended to read as follows:
R105.6. Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provision of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provision of this code. Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of the permit or if the authorized work is suspended or abandoned for a period of one year after the date of the commencement of the work. Notwithstanding any term, condition or provision of this code to the contrary, each and every building permit shall expire within one year of the date that the said permit is issued.
(11) 
Subsection R106.1, Submittal documents, shall be amended to read as follows:
106.1. Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. For the construction, alteration, repairs, expansion, addition or modification of all nonresidential buildings and all multifamily apartment buildings, the code official shall require to be filed adequate details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. All engineering plans and computations shall bear the signature and seal of the engineer or architect responsible for the design. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. When construction documents are required by this code for a building permit application, the same shall be prepared by a registered design professional consistent with the professional registration laws of the Commonwealth of Pennsylvania. Such construction documents shall include the name an address of a registered design professional and shall be signed, sealed, and dated by the registered design professional. All such plans shall first be submitted for plan review by Building Officials and Code Administrators (BOCA) International for mechanical, building, and energy conservation, electrical and plumbing review.
(12) 
Subsection R106.2, Site plan, shall be amended to add the following subsections:
R106.2.1. All new work shall be located strictly in accordance with the approved plot plan. No changes shall be permitted, except for changes which do not violate the provisions of this code or any other Township codes.
R106.2.2. Changes in site plan. Changes in site plans are governed by Chapter 27, Zoning, and Chapter 22, Subdivision and Land Development, of the Code of the Township of Whitehall.
(13) 
Subsection R108.2, Schedule of permit fees, shall be amended to read:
R108.2. Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in Appendix M[1] of the Code of Whitehall Township. The permit fee for the demolition of a building or structure is also listed in this appendix. No permit for demolition of any structure shall be issued until such time as all required permits have been secured from the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: The Fee Schedule is on file in the Township offices.
(14) 
Subsection R108.5, Refunds, shall be deleted in its entirety.
(15) 
Subsection R109, Inspections, shall be amended to include the following subsections:
R109.1.7. After foundation construction, and prior to backfilling and prior to the commencement of framing or above-grade construction.
R109.1.8. After completion of plastering, flooring and trim, but prior to interior finishing or decoration.
(16) 
Subsection R109.2, Inspection agencies, shall be amended to read as follows:
R109.2. Inspection agencies. The Building Inspector may accept reports of accredited/licensed inspection services which satisfy Township code requirements as to qualifications and reliability, excepting final inspections, which shall be conducted by appropriate Township personnel.
(17) 
Subsection R109.3, Inspection requests, shall be amended to include the following subsections:
R109.3.1.1. Twenty-four-hour prior notice. The applicant or his duly authorized agent or contractor shall be responsible for notifying the Building Inspector at least 24 hours prior to each of the above construction milestones.
R109.3.1.2. Applicant responsibility. The absence of full time enforcement availability by the Building Inspector shall not relieve the applicant form the requirement and responsibility for full compliance with all applicable provisions of this code.
(18) 
Section R110, Certificate of occupancy, Subsection R110.1, Use and occupancy, shall be revised to read:
R110.1. Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the Township. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the Township shall not be valid. A certificate of occupancy shall only be issued upon full compliance with all applicable Whitehall Township ordinances, including but not limited to the Whitehall Township Zoning, Building, Electrical, Mechanical, Fire Prevention and Plumbing Code Ordinances.
(19) 
Subsection R110.3, Certificate issued, shall be amended to read as follows:
R110.3. Certificate issued. When a building or structure is entitled thereto, the Code Enforcement Officer shall issue a certificate of use and occupancy within 10 days after written application therefor. The certificate of use and occupancy shall certify compliance with the provisions of this code and the purposes for which the building or structure will be used in its several parts. The certificate of use and occupancy shall specify the use group, the type of construction, and any special stipulations and conditions of the construction permits (building, plumbing electrical, etc.).
(20) 
Section R112, Board of Appeals, Subsection R112.1, General, shall be amended to read:
R112.1. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to application and interpretation of this code, there shall be, and is hereby created, a board of appeals. The Board of Appeals shall be appointed by the governing body and shall hold office at is pleasure. The Board shall adopt rules of procedure for conducting its business. The Board of Appeals shall consist of five Whitehall Township residents appointed to five- year terms respectively by resolution of the Township Board of Commissioners, except that the initial appointments shall be staggered for one- , two- , three- , four- and five-year terms, respectively, and thereafter each new member or reappointed member shall serve a five- year term. In addition, the Board of Commissioners may appoint by resolution at least one, but not more than three, residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. The Township shall designate and provide a secretary to the Board of Appeals. The Secretary shall keep minutes and a detailed record of all proceedings held before the Board for the files of the Building Inspector.
(21) 
Subsection 112.3, Qualifications, shall be amended to read as follows:
112.3. Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. Each member shall have either training, education, or experience in either engineering, architecture, or construction supervision. At least one of the members shall be either a structural engineer, civil engineer, professional land surveyor or architect who is currently licensed by and practicing in the Commonwealth of Pennsylvania.
(22) 
Section R112, Board of Appeals, shall be amended further by the addition of the following subsections:
R112.5. Compensation of members. Compensation for all Board members shall be determined by resolution of the Board of Commissioners.
R112.6. Postponed hearings. When three qualified members of the Board of Appeals are not present to consider a particular appeal, either the Building Inspector, Code Enforcement Officer, or the appellant or his/her respective representative shall have the right to request an immediate continuation of the hearing.
R112.7. Board decision. The Board of Appeals shall modify or reverse the decision of the Building Inspector by a concurring vote of a majority of the members present at the hearing. However, if all members are not present, the Board may only modify or reverse the decision of the Building Inspector by a concurring vote of at least two members of the Board. Failure to secure two concurring votes (if less than all members are present) shall be deemed a confirmation of the decision of the Building Inspector. If the hearing is held before less than all members of the Board, the appellant shall be entitled to a further hearing before a full Board upon request therefor.
R112.8. Court review. Any person aggrieved by a decision of the Board of Appeals, whether or not a previous party of the decision, or any officer or official board of the Township may, pursuant to the Pennsylvania Local Agency Law, appeal to the Court of Common Pleas of Lehigh County within 30 days after due notice of the filing of the Board of Appeals' decision with the Bureau Chief of Planning, Zoning and Development.
(23) 
Subsection R113.4, Violation penalties, shall be amended to read:
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 mechanical equipment or systems in violation of the approved construction documents, a directive of the code official, of a permit or certificate issued under the provisions of this code shall be guilty of a criminal offense, punishable by a fine of not more than $1,000, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Upon judgment against any person by summary conviction or by proceeding by summons, on default of the payment of the fine or penalty imposed by said judgment and the costs, the defendant may be sentenced and committed to the Township lockup for a period not exceeding five days or to the County jail or workhouse for a period not exceeding 30 days.
(24) 
Subsection R114.2, Unlawful continuance, shall be amended to read as follows:
R114.2. Unlawful continuance. Any person who shall continue any work 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 condition, shall be subject to a fine of not less than $100 or more than $1,000, plus costs of the action, including reasonable attorney's fees for each day of such violation.
(25) 
Section R202.0, General Definitions, shall be amended as set forth hereinafter:
REVISED DEFINITIONS:
BUILDING LINE — The setback line established by ordinance or indicated upon a duly accepted or recorded lot plan or deed, beyond which a building shall not extend.
NEW DEFINITIONS:
AGGREGATE — Inert material which is mixed with cement and water to produce concrete, consisting in general of sand, pebbles, gravel, cinders, crushed stone, blast furnace slag, burnt shale, slay, or similar materials. Fine aggregate shall mean aggregate consisting of particles 1/4-inch or less in size.
ALLEY — A secondary way, less than 24 feet in width, utilized as a public or private thoroughfare for pedestrians or vehicles.
BEAM — A principal horizontal structural member used to support a load over an opening, or, form post-to-post, over the floor of the building.
BEAM, GRADE — A beam, at or below grade, which supports a wall.
BEAM, HEADER — A beam into which the common beams frame around an opening.
BEAM, TRIMMER — A beam into which a header beam frames.
BOARDING HOUSE — A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit. A boarding house shall also include rooming houses or units.
CAISSON PILE. (FOUNDATION PIER) — A large diameter shaft from which the inside material has been excavated and replaced with concrete, plain or reinforced.
CANTILEVER — A projecting structural member supported on one end and overhanging the second support.
CARPORT — A motor vehicle parking or storage structure, which is accessory to a private dwelling, not more than one story in height, without enclosure on at least two sides, roofed over, and whose floor rests on or about ground level.
CEILING — The overhead lining of a room suspended from or attached to the underside of floor or roofs, that is not a structural part of a floor or roof or the underside of exposed floor or roof joists or other members.
CRAWL SPACE — An unfinished accessible space below the first floor, usually less than full story or basement height.
DRAFT CURTAIN — A curtain or baffle, that extends downward form a roof or ceiling to stop drafts or bank up heat from a fire.
FENCE — A vertical structure not a part of a building or any other structure that forms a barrier between lots, between a lot and a street or an alley, or between portions of a lot or lots.
FUEL OIL — A hydrocarbon oil, refined for use in heating equipment, free from grit and fibrous or other foreign matter, and with a flash point not less than 100° F. when tested in accordance with ASTM Designation D92, titled "Cleveland Open Cup Test Method."
GLUED LAMINATED TIMBER CONSTRUCTION — Assemblies of specially selected and prepared wood laminations approximately parallel longitudinally.
GYPSUM BLOCK or TILE — The term "gypsum block" or "gypsum tile" shall mean a solid or hollow building unit of gypsum or of suitable aggregate with a gypsum binder.
GYPSUM CONCRETE — Gypsum concrete shall consist of a mixture of gypsum and water, with or without chips, shavings, fiber or other approved aggregate. The gypsum and wood chips, shavings, or fiber may be premixed, requiring only the addition of water at the building site.
GYPSUM WALLBOARD — A sheet having a noncombustible core, essentially gypsum.
HANGAR — A building or part of a building designed or used for the shelter, storage, or servicing of one or more aircraft.
HANGAR BUILDING GROUP — A building or group of buildings containing several separated storage or servicing areas, each of which may be used for one or more aircraft at any one time.
LAITANCE — Extremely fine material of little or no hardness which may collect on the surface of freshly-placed concrete and resulting from the use of excess mixing water.
LOAD, DESIGN — Total load which a structure is designed to sustain including dead load, live load, and impact load.
LOAD, RACKING — A concentrated or resultant load eccentrically applied, parallel to a plane of an assembly, so as to simultaneously produce longitudinal and transverse deformations in that plane. Also, this term applies to the test load as described in ASTM Designation E72 applied in a horizontal direction to floor, wall, and roof assemblies.
MAINTENANCE — Of a building, structure, appliance, apparatus, or equipment shall mean the way or manner any building, structure, appliance or equipment is serviced, repaired or altered to perpetuate the use or purpose for which such building, structure, appliances, apparatus or equipment was originally intended.
MEAN GRADE — Mean grade shall be considered to be an average elevation of the ground area which is contiguous to, and within 20 feet of, the building or within the lot line where it is closer than 20 feet from the building. Such grade shall in no case be permitted to exceed a ratio of one foot vertical-to-two feet horizontal.
MEMBER (PRIMARY) — Any member of the structural frame of a building or structure used as a column, grillage beam, or to support masonry walls and partitions, including trusses, isolated lintels spanning an opening of eight feet or more, and any other member required to brace a column or truss. To be considered a primary member, steel joists must be constructed of hot-rolled structural sections and top and bottom chords. Likewise, they must be properly braced laterally.
MEMBER (SECONDARY) — Any member of the structural framework, other than a primary member, including filled-in beams or steel joists of floor systems.
MOBILE UNIT — Any vehicle or structure used or occupied for dwelling purposes or any commercial use which utilizes wheels and axles for its transportation or is designed to be moved from one site to another and to be used with or without a permanent foundation.
MULTIFAMILY DWELLING — A single building or group of attached dwelling units intended and designed to contain three or more dwelling units, including row houses and townhouses.
PARKING LOT — An open space, other than a public or private street or way, used exclusively for other parking or motor vehicles.
ROOMING HOUSE — Any building, or that part thereof, containing one or more rooming units in which space is let to three or more persons.
ROOMING UNIT — Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
SHEATHING — That element of a wall or roof construction, such as thin boards, plywood, or sheets of cemented materials directly a attached to the wall studs and roof rafters, to which the outer finished surface is attached or applied.
SINGULAR HANGAR BUILDING — A building in which there is a single storage or servicing area for one or more aircraft.
SKELETON CONSTRUCTION — A type of building construction in which all loads are transmitted to the foundations by connected framework of suitable material.
SOFFIT — The underside of a member of subordinate structure.
SOIL — Any inorganic material except water in a geologic formation in its natural state and location.
SPIRE — The high tapering roof of a steeple or tower, including the space under such roof.
STRUCTURAL DAMAGE — Loosening, twisting, warping, cracking, distortion, or breaking of any piece, or of any fastening or joint, in a structural assembly with loss of sustaining capacity of the assembly. The following shall not be deemed to constitute structural damage: small cracks in reinforced concrete perpendicular to the reinforcing bars, and deformation of sheet material when a structural assembly is under applied load, which increases as such load increases but which disappears when such load is removed.
STUCCO — A material used in a plastic form which can be trowled to form a hard covering for exterior walls or other exterior surfaces of any building or structure.
TON OF REFRIGERATION — The unit of capacity of refrigeration equivalent to the removal of heat at the rate of 12,000 B.T.U. per hour.
UNDERPINNING — The masonry or concrete construction required to extend a wall, footing of a wall, or any part thereof to a lower level.
WRITTEN NOTICE — A notification delivered in writing, in person to the individual or the parties intended, or delivered or sent by certified mail, return receipt requested, to the last residential or business address known to the party giving notice.
(26) 
Section R309.2, Separation required, shall be amended to read:
R309.2. Separation required. Notwithstanding any term, condition or provision hereof, all garages which attach to or adjoin a residence or accessory structure shall have 5/8-inch type "X" drywall on the warm wall side and the ceiling, and 1/2-inch drywall on the other walls.
(27) 
Section R311, Exits, shall be amended to include the following subsection:
R311.6. Construction. In buildings three stories or higher, stair towers shall be constructed entirely of steel or other approved, noncombustible materials with handrails on both sides of stairways and platforms.
(28) 
Subsection R311.7, Exit sign graphics, shall be amended to read as follows:
R311.7. Exit sign graphics. Every exit sign and directional exit sign shall have plainly-legible, red letters on a white background, not less than six inches (152 mm) high with the principal strokes of the letters not less than 0.075 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width of not less than two inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have the letter widths, strokes and spacing in proportion to their height.
The word "EXIT" shall be red letters and in high contrast with the white background and shall be clearly discernible both when the exit sign illumination means is and is not energized. When necessary, these exit signs shall be supplemented by directional signs in the access corridors indicating the direction and way of egress. If an arrow is provided as part of the exit sign, the construction shall be such that the arrow direction cannot be readily changed.
Notwithstanding any term, condition, or provision hereof to the contrary, "Exit" signs shall not be powered or otherwise illuminated with any hazardous substance (as defined by any federal, state or local law, rule, ordinance, order, directive or promulgation), whether or not such hazardous substance is fully contained.
(29) 
Subsection R314.2, Treads and risers, shall be amended to read as follows:
R314.2. Treads and risers. In occupancies in Group R-3, as applicable in Section 101.2; within dwelling units in occupancies in Group R-2, as applicable in Section 101.2; and in occupancies in Group U, which are accessory to an occupancy in Group R-3, as applicable in Section 101.2, the maximum riser height shall be 8 1/4 inches, and the minimum tread depth shall be nine inches. A nosing of not less than one inch shall be provided on stairways with solid risers where the tread depth is less than 11 inches.
(30) 
Chapter 3, Building Planning, shall be amended to add the following subsections:
R328. Safeguards during construction.
R328.1. Whenever a building or structure is erected, altered, repaired, removed or demolished, the operation shall be conducted in a safe manner, and suitable protection for the general public shall be provided including continued flow of stormwater runoff (through appropriate conduits).
R328.2. Dumpster. At such time as any new construction is commenced on a lot and prior to the time that any lumber is delivered to the site, the owner of the lot or the developer shall have a dumpster on site in which all refuse shall be deposited. The dumpster shall remain on site until such time as the construction is complete. The dumpster shall be emptied within 72 hours of being filled to capacity. A separate "dumpster permit" shall be required for any dumpster proposed to be placed within the public right-of-way.
R328.3. Erosion and sedimentation control. Prior to any disturbance of any soil on a lot for construction of improvements or lot grading or lot stripping, all required erosion and sedimentation control devices shall be properly installed and maintained until the soil is covered with stabilized vegetation, i.e., grass. The provision of this section shall apply to construction of individual residential units as well as other construction. For the purposes of this section, the phrase "required erosion and sedimentation control devices" shall include the Erosion Control Guidelines for Single Residential Lots as drafted by the Lehigh County Conservation District and as amended and updated.
R328.4. Exposed party walls. Exposed party walls not intended to be used again as a party wall, shall be made structurally sound and shall be made permanently waterproofed by the application of stucco, brickote, gunite, or other approved, noncombustible material.
R328.5. Collar ties are required at every third rafter.
R328.6. All gable ends must have framing 16 inches on center.
R328.7. Roof ridge shall have a minimum of 3T ridge pole supports.
R328.8. Roof and exterior corners must be a minimum of 1/2 inch thick approved-grade exterior plywood or approved bracing.
R328.9. All openings in the upper or lower plates of interior walls must be sealed tight with approved fire-rated sealant.
R328.10. An approved smoke detector must be installed on every floor level, including the basement and bedroom, and hard wired with battery back up.
R328.11. All commercial self storage units must be constructed with a minimum one-hour, fire-rated wall between units.
R328.12. On all trussed roofs, mechanical fasteners must be used (i.e., hurricane clips) instead of the simple "toenail" method.
R328.13. In conditions where a structure is demolished when there is a common wall with another structure, it shall be the responsibility of the property owner of the structure to be demolished to assure the stability and safety of the adjoining structure as well as to weather proof the remaining open wall.
(31) 
Chapter 4, Foundations, Section R401, General, Subsection R401.4, Soil Tests, shall be amended to include the following subsections:
R401.4.2. Presence of rock. When rock is present at or near a foundation, additional reinforcement may be necessary.
R401.4.3. On grade slabs. On-grade slabs shall have 1 1/2 inch thick R-7.5 insulation value and 24-inch rigid board depth on perimeter insulation on all occupied buildings.
(32) 
Subsection R403.1.4, Minimum depth, shall be amended to read:
R403.1.4. Minimum depth. Except where erected on solid rock or otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures larger than 400 square feet (37m2) in area or 10 feet (3048 mm) in height shall extend below the frost line, and spread footings of adequate size shall be provided where necessary to properly distribute the load within the allowable load-bearing value of the soil. Alternatively, such structures shall be supported on piles where solid earth or rock is not available. Footings below the frost line shall not bear on frozen soils unless such frozen condition is of a permanent character. The frost line referenced herein shall be considered to be at a depth of 36 inches below the ground surface. The top of all footings shall be a minimum of 27 inches below the exterior grade.
(33) 
Section R403, Footings, Subsection R403.1.1, Minimum size, shall be amended to read:
R403.1.1. Minimum size. Minimum sixes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table R401.4.1. Spread footings shall be at least six inches (152mm) in thickness. Footing projections, P, shall be at least two inches (51 mm) and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1 Footings for wood foundations shall be in accordance with the details set forth in Section R403.2, and Figures R403.1(2) and R403.1(3). Notwithstanding the provisions of subsections Table R403.1 and Figure R403.1(1) hereof, footings shall not be less than nine inches thick. The width of footings shall be 18 inches for eight-inch foundation walls and 20 inches for 10-inch foundation walls.
(34) 
Section R404, Foundation Walls, Subsection R404.1, Concrete and Masonry Foundation Walls, shall be amended to include the following sentence:
Foundation walls in residential structures shall be poured at such height to allow a clearance of seven feet six inches from the top of the foundation wall to the top of the basement floor to allow for the future finishing of basement areas.
(35) 
Section R404.1.5, Foundation wall thickness based on walls supported, shall be amended to read as follows:
R404.1.5. Foundation wall thickness based on walls supported.
A.
The thickness of foundation walls shall be: eight- inch poured concrete walls for one-story buildings; 10- inch poured concrete walls for buildings having two or more stories; 10- inch concrete masonry units for one-story buildings; and 12- inch concrete masonry units for buildings having two or more stories. All walls having standard brick veneer shall have either a minimum of 10- inch poured concrete walls or 10- inch concrete masonry units. All walls having stone veneer shall have either a minimum of 12- inch poured concrete walls or 12- inch concrete masonry units.
B.
In frame construction, plates must be anchored to foundation walls at corners and at intervals of six feet (12 inches from corners and 12 inches from plate ends) with 1/2 inch bolts embedded not less than 16 inches in masonry walls. There must be a minimum of two bolts per plate.[2]
[2]
Editor's Note: Former Subsection A(35.1), added 10-12-2009 by Ord. No. 2795, which provided for the addition of Section R502.1.4.1 on prefabricated/engineered wood I-joists, was repealed 6-13-2011 by Ord. No. 2866.
(36) 
Section R602, Wood Wall Framing. Subsection R602.2, Grade, shall be amended to read as follows:
R602.2. Grade. All framing lumber shall be number two or better and/or be properly graded.
(37) 
Section R602, Wood Wall Framing, Subsection R602.3.1, Stud spacing, shall be amended to read:
R602.3.1. Stud spacing. In bearing walls, studs that are not more than 10 feet (3048mm) in length shall be spaced not more than is specified in Table R602.3(5). In bearing walls, studs that are more than 10 feet (3048mm) in height shall be spaced not more than specified in Table R602.3.1. Studs, joists and rafters shall be spaced 16 inches on center with a minimum of four-inch bearings.
(38) 
Section R602, Wood Wall Framing, Subsection R602.8.1, Materials, shall be amended to include the following subsection:
R602.8.1.3. Standards. Notwithstanding any term, condition or provision of this code, all sill plates shall be treated lumber; all headers six feet or larger must be packed with 1/2 inch thick plywood and supported with double 2x4 jack studs at both ends. Three-quarter inch tongue and groove sturdy floor can be used in lieu of the 1 1/2 inch sub-floor and one 1/2 inch underlayment combined. Supports under main beams shall be four-inch steel pipe with steel plates fastened at both ends.
(39) 
Subsection R602.8, Fireblocking Required, Subsection 1 shall be amended to read as follows:
1.
Concealed wall spaces. Fireblocking shall be provided in concealed spaces of stud walls and partitions, including furred or studded-off spaces of masonry or concrete walls. Fire stops and draft stops shall be provided at the ceiling and floor or roof levels and at maximum intervals of eight feet, both vertically and horizontally.
(40) 
Chapter 39, Devices and Lighting Fixtures, shall be amended to include the following subsection:
E3903.13. Outdoor emergency notification lights. All new residential construction shall include outdoor emergency notification lights on or at the front of the dwelling. In the event that the dwelling includes a front port, then the outdoor emergency notification light shall be on or at the front porch. If there is no front porch, then the outdoor emergency notification light shall be located so as to be visible from the public street from either side property line and shall be operable from the interior of the dwelling by an emergency notification switch. Notwithstanding any provisions of the Chapter 27, Zoning, of the Code of Whitehall Township, the outdoor emergency notification lights may flash or blink intermittently in order to notify emergency management services of the location of the dwelling.
(41) 
Appendix G, Swimming Pools, Spas and Hot Tubs, Section AG105, Barrier Requirements, Subsection AG105.2, Outdoor Swimming Pool, Subsection 1 shall be amended to read:
[Added 3-11-2013 by Ord. No. 2924]
1.
The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level or mounted on the top of the pool structure. Where the barrier is mounted on top of the pool structure, it shall be a minimum of 24 inches (609.6 mm) in height, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm).
(42) 
Appendix G, Swimming Pools, Spas and Hot Tubs, Section AG105, Barrier Requirements, Subsection AG105.2, Outdoor Swimming Pool, Subsection 10 shall be amended to read:
[Added 3-11-2013 by Ord. No. 2924]
10.
Where the barrier for an above-ground pool structure is mounted on top of the pool structure, and the means of access is a ladder or steps:
10.1.
The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
10.2.
The ladder or steps shall be surrounded by a barrier which meets the requirements of Section AG105.2, Items 1 through 9. When the ladder or steps are secured locked or removed any opening created shall not allow the passage of a 4-inch diameter (102 mm) sphere.
Notwithstanding any term, condition, or provision hereof to the contrary, the code hereby adopted shall not be construed to affect any suit or proceeding now pending in any court, or any right acquired, accrued, or liability incurred, or any cause or causes of action accrued or exiting, under any act or ordinance hereby repealed as cited in § 5-25 of this article, nor shall any just or legal right or remedy of any individual or entity of any character be lost, impaired, or affected by this article or the code.