[Adopted 12-14-2009 by Ord. No. 33-K-1.A[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III,
International Building Code, adopted 12-14-2006 by Ord. No. 33-K-1.A,
as amended.
This article shall be known as the "Lower Pottsgrove Township
Building Code."
[Amended 8-18-2022 by Ord. No. 360]
Except as amended and modified by the Pennsylvania Uniform Construction
Code (Act 45 of 1999), 34 Pa. Code Chapters 401 through 405, a certain
document being marked and designated as the International Building
Code, 2018 Edition (hereinafter the "2018 IBC"), as published by the
International Code Council, Inc., be and is hereby adopted as the
Building Code of the Township of Lower Pottsgrove, Montgomery 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 2018 IBC, are
hereby referred to, adopted, and made a part hereof, as if fully set
out in the article, as set forth herein. Three copies of the 2018
IBC are on file at the Lower Pottsgrove Township Building.
A.
Creation of the enforcement agency. The Code Administration Office
is here by created, and the official in charge thereof shall be known
as the "Code Administration Officer." References in the International
Building Code to the "building official" shall mean the Code Administration
Officer. The Code Administration Officer shall be appointed by the
Board of Commissioners of Lower Pottsgrove Township and shall serve
at its pleasure.
B.
Assistant Code Administration Officer. The Board of Commissioners
may designate an employee as an assistant, who shall exercise all
the powers of the Code Official during the temporary absence or disability
of the Code Administration Officer. The Assistant Code Administration
Officer shall serve at the pleasure of the Board of Commissioners.
The Assistant Code Administration Officer may also be referred to
herein as the "Assistant Code Official."
Certificate of insurance. The owner or his authorized representative,
together with the contractor, shall provide the Township with a certificate
of insurance naming the Township as a certificate holder. The certificate
shall indicate the amount of contractors liability and workers' compensation
coverage that is provided and the policy expiration dates. Contractors
liability insurance shall be for damages or injury resulting from
said construction, operation or demolition of work performed under
valid permit. The certificate of insurance shall be required prior
to the issuance of a permit.
The fees to be charged by the Township shall be adopted by and
from time to time may be amended by the Board of Commissioners of
Lower Pottsgrove Township by resolution duly adopted by the Board.
A.
Change in occupant/owner/tenant/occupant nonresidential occupancies.
Any change in ownership, occupant, tenant, use group change or any
other type of change in the way any building is being used shall require
a new use and occupancy permit and an inspection prior to occupancy.
No change or re-occupancy shall take place prior to the issuance of
a new use and occupancy permit.
B.
Transfer of ownership. Within 10 days of transfer of ownership, an
application and an inspection is required. This applies to all use
groups except one and two-family dwellings.
A.
All persons who own one or more residential dwelling units within
the Township of Lower Pottsgrove, or the agent or manager for the
owner, which are not owner-occupied, are required to report to the
Township in writing certain information about the occupants of said
dwelling units as provided as follows:
(1)
Each report shall list, under the column headings of name, resident
address and whether they are adult or minor, all persons occupying
said property owner's dwelling unit or units.
(2)
Reports required under this section shall be filed with the
Township Code Official within one month from the effective date of
this article.
(3)
Reports shall be supplemented within 15 days of the arrival
of occupants not previously reported or the departure of occupants
previously reported.
B.
Failure to report occupants correctly as prescribed above shall constitute
a violation of this section and this article by the owner, agent,
or manager of the premises.
If the Code Official determines that more than 50% of any structure
has been damaged by a natural disaster, structural collapse, fire,
or other disaster, the Code Official shall require the structure to
be demolished. Every building damaged shall be inspected and a determination
shall be made on a case-by-case basis. The cost and responsibility
of performing the demolition shall be the owner's.
[Amended 8-18-2022 by Ord. No. 360]
The 2009 IBC is hereby changed and supplemented as follows:
The 2018 IBC is hereby changed and supplemented with the following:
A.
Add a new Section 708.10 to read as follows:
708.10 Use Groups A, B, E, F, H, I, M, R, S, and
U structures having more than one tenant and/or owner/occupier shall
provide tenant separation walls between each such tenant and/or owner/occupier.
Said walls shall consist of a minimum one-hour Underwriters'
Laboratory ("UL") fire-rated assembly, unless other sections of this
code require a higher rating. All fire-rated tenant separation walls
shall be constructed of material consistent with the type of construction
of the building.
B.
Sections 903.2.1.1 (Group A-1), 903.2.1.3 (Group A-3), and 903.2.1.4
(Group A-4), Condition 1, shall be deleted and a new Condition 1 shall
be inserted to read as follows:
(1)
The fire area exceeds 5,000 square feet (464 m2).
C.
Section 903.2.3, Condition 1, shall be deleted and a new Condition
1 shall be inserted to read as follows:
(1)
Throughout all Group E fire areas greater than 5,000 square
feet (464 m2) in area.
D.
Section 903.2.4 shall be deleted and a new section shall be inserted
to read as follows:
903.2.4 Groups F-1 and F-2. An automatic fire-suppression
system shall be provided for any building or structure where Use Groups
F-1 and F-2 fire areas exceed 5,000 square feet (464 m2) in area.
E.
Section 903.2.7 shall be deleted and a new section shall be inserted
to read as follows:
903.2.7 Groups B and M. An automatic fire-suppression
system shall be provided for any building or structure where Use Groups
B or M fire areas exceed 5,000 square feet (464 m2) in area.
F.
Section 903.2.9 shall be deleted and a new section shall be inserted
to read as follows:
903.2.9 Group S-1. An automatic fire-suppression
system shall be provided for any building or structure where Use Group
S-1 fire areas exceed 5,000 square feet (464 m2) in area.
G.
Section 903.2.9.1 shall be deleted and a new section shall be inserted
to read as follows:
903.2.9.1 Repair Garages. An automatic fire-suppression
system shall be provided throughout all buildings used as repair garages
in accordance with Section 406, as shown, where the S-1 fire areas
exceed 5,000 square feet (464 m2) in area.
H.
Sections 903.2.10 and 903.2.10.1 shall be deleted and a new Section
903.2.10 shall be inserted as follows:
903.2.10 Group S-2. An automatic fire-suppression
system shall be provided for any building or structure where Use Group
S-2 fire areas exceed 5,000 square feet (464 m2) in area.
I.
Paragraph 1 of Section 903.2.11 shall be deleted and a new Paragraph
1 shall be inserted as follows:
In all occupancies other than Group U, excepting Animal Housing
Facilities, as defined hereinafter, an automatic sprinkler system
shall be installed for building design or hazards in the locations
set forth in Sections 903.2.11.1 through 903.2.11.7.
J.
A new Section 903.2.11.7 shall be added to read as follows:
903.2.11.7 Animal Housing Facilities. All Animal
Housing Facilities, as defined by NFPA 150, where animals are kept
for any purpose including, but not limited to, barns, stables, kennels,
animal shelters, veterinary facilities, zoos, laboratories, and racetracks
shall be equipped with an automatic fire-suppression system where
the floor area of the Animal Housing Facility exceeds 5,000 square
feet (464 m2) in area.
K.
A new Section 903.3.1.4 shall be added to read as follows:
903.3.1.4 NFPA 13 "Light Hazard Systems." All NFPA
13 "Light Hazard Systems" shall be designed to have a maximum of 168
square feet (or less) sprinkler head spacing. This is the maximum
that sprinkler heads shall be spaced in any occupancy permitted to
be designed under a "light hazard" type classification in accordance
with NFPA 13.
L.
A new Section 903.3.1.5 shall be added to read as follows:
903.3.1.5 Safety Factor. All NFPA 13, 13R, and
13D fire-suppression systems shall be designed to provide a safety
factor of 10 pounds per square inch (psi), as defined in NFPA 13.
M.
A new Section 1013.7 shall be added to read as follows:
1013.7 Additional Locations/Low-Level Exit Signs. All A-1, A-2, A-3, B, E, R, I-1, and I-2 occupancies that are required
to have more than one exit or exit access shall be supplemented by
additional low-level exit signs reading "EXIT" on the face of the
sign. Additional exit signs shall be located on the latch side of
the door frame wall within six inches to eight inches of the floor
in addition to the exit sign located above, or an egress access area.
Self-illuminated or luminous exit signs shall be UL-listed for this
purpose and approved by the Fire Marshal or Code Administration Officer.
N.
A new Section 1210.0 shall be added to read as follows:
1210.0 Radon. At the time of application for a
building permit, plans must depict reasonable measures to be constructed
below grade level for future radon gas mitigation. Designs should
accommodate the addition of a venting system for removal of radon
gas from the premises in the future, should such radon gas be determined
to be present at levels that exceed the maximum safe concentrations
of radon gas as determined by the United States Environmental Protection
Agency. A minimum four-inch diameter perforated pipe shall be installed
below the basement slab around the interior perimeter of the foundation
and shall terminate into a sump pit of sufficient size to accommodate
the installation of a radon mitigation system.
O.
A new Section 1809.5.1 shall be added to read as follows:
1809.5.1 Frost Line. For shallow foundation footings
governed under this section, the frost line in Lower Pottsgrove Township
shall be a minimum of 36 inches below grade. This shall be considered
a minimum depth to the bottom of the footing.
P.
A new Section 3303.8 shall be added to read as follows:
3303.8 Extermination Required. The applicant shall
show proof that a building or structure scheduled for demolition pursuant
to this section has been subject to the extermination of rodents,
vermin, and other pests no less than two weeks prior to the scheduled
demolition.
[1]
Editor's Note: Former §§ 100-15.4 and 100-15.5
were repealed 8-18-2022 by Ord. No. 360.
The granting of any permit under this article by the Township
or any of its designated officials shall not constitute a representation,
guarantee, or warranty of any kind by the Township or any of its officials
or employees as to the proper manner of construction or repairs and
shall create no liability upon or a cause of action against the Township,
officials or employees for any damages or injury that may result pursuant
thereto.
Nothing in this article 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 article, nor shall any preexisting legal right or remedy
of any character be lost, impaired or affected by this article.
[Amended 8-18-2022 by Ord. No. 360]
This article shall become effective as provided by law..
