Borough of Trappe, PA Article III Building Code

[Adopted 10-7-1997 by Ord. No. 330 (Part 6, Ch. 1, Art. A, of the 1987 Code)]

§ 135-9 Adoption of Building Code.

A. BOCA National Building Code. For the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy of buildings and structures, including permits and penalties, in the Borough of Trappe, the Borough adopts as its Building Code, the BOCA National Building Code/1996, Thirteenth Edition, as published by the Building Officials and Code Administrators International, Inc. One or more copies of that code have been placed on file in the office of the Borough Secretary and will remain on file there. That entire Building Code, as affected by the deletion, amendment or modification of certain portions in the following sections of this article, is adopted and is incorporated in the Borough's Code as fully as if set out verbatim in this article. From the date on which this article takes effect, the provisions of that Building Code, as affected by this article, shall be in effect within the limits of the Borough of Trappe. In this article, the BOCA National Building Code may be referred to as "the code" or "this code."

B. Amendments and changes in the published code. All future amendments, changes, additions and deletions in the published 1996 Thirteenth Edition of the Building Code referred to in Subsection A of this section, as made by the publisher of the code and transmitted to the Borough, prior to publication of a new code that is to supplant this code, shall be considered as part of this article and effective in the Borough, provided that copies of the publisher's modifications are kept on file in the office of the Borough Secretary, preferably with notations made by the Code Official of those changes inserted in the proper and pertinent places in the file copies of the published Building Code that is referred to in Subsection A of this section; and provided that any such amendment, change, addition or deletion may, however, be rejected by resolution of Council, in which case that rejected new material shall be noted as not in effect in the Borough of Trappe.

§ 135-10 Modifications made in National Building Code.

The Building Code adopted by § 135-9 is amended and changed in the following respects:

A. Whenever the words "name of jurisdiction" appear in brackets in the code, the words "Borough of Trappe" shall be inserted in place of those bracketed words. Likewise, the words "Borough of Trappe" shall be substituted for the word "jurisdiction" where the latter word appears singly in the code without being preceded by the words "under the."

B. The term "chief appointing authority of the jurisdiction" and the term "chief authority of the jurisdiction" shall mean the Borough Council.

C. The term "legal counsel of the jurisdiction" and the term "legal officer of the jurisdiction" shall mean the Borough Solicitor.

D. The term "Code Official," as used in the code, shall refer to the designated code enforcement officer, as appointed by Borough Council.

E. The terms "department" and "department of building inspection," as used in the code, shall mean and refer to the office of the Code Official (sometimes referred to as the Building Official) as defined directly above in Subsection D of this section, and to any of his subordinates in the performance of functions under this code.

F. Section 101.1 of the code is amended to read as follows:

"101.1 Title: These regulations shall be known as the Building Code of the Borough of Trappe, hereinafter referred to as such or "this code" or "the code."

G. Section 105.6 of the code, dealing with rule-making authority, shall be amended by adding the following sentence at the end thereof:

"Furthermore, Borough Council shall have authority, at its discretion, to abrogate any rule or regulation or part thereof, in which case that rule or regulation or part thereof shall cease to be in effect in the Borough."

H. The following new section is retained and added directly after Section 105.8 of the code:

"105.9 Compensation of Code Official: The compensation of the Code Official (sometimes referred to as the Building Official) shall be set by resolution duly adopted and amended or otherwise modified by Borough Council from time to time."

I. The following new section is added directly after Section 108.9 of the code:

"108.10 Other permits required: At the time of filing an application for a permit, the applicant shall present to the Code Official evidence that he has obtained all necessary permits, licenses, approvals and/or variances as may be required by ordinances of the Borough and laws, regulations, or requirements of the commonwealth. Individuals, agencies, boards and commissions issuing those permits, licenses, approvals and/or variances shall include, but not be limited to, the Zoning Officer or Zoning Hearing Board, the Sewage Enforcement Officer, the Fire Chief, the State Fire Marshal, and the Pennsylvania Department of Environmental Protection."

J. Section 112.3 of the code, as amended, is retained to read as follows:

"112.3.1 Fee schedule: The fee for each plan examination, building permit and inspection shall be paid in accordance with the current resolution adopted by Borough Council concerning Building Code fees, which may from time to time be amended by Borough Council."

K. Section 116.4 of the code is amended to read as follows:

"116.4 Violation penalties: Any person who violates any provision of this code or who fails to comply with any requirement of the code, or who erects, constructs, alters or repairs a building or structure in violation of an approved plan or a directive of the building official or of a permit or certificate issued under any provision of this code, shall be guilty of a violation of this code, and, upon conviction, shall be sentenced to pay a fine of not less than $50 or more than $500 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. The owner of a building or structure or part of a building or structure or of the premises where anything in violation of this code shall be placed or shall exist, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense and, upon conviction, shall be sentenced to pay a fine of not less than $100 or more than $500 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day's continuance of a violation shall constitute a separate offense."

L. Section 117.2 of the code is amended to read as follows:

"117.2 Unlawful continuance: Any person who continues work in or about a structure after having been served with a stop-work order, except for such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a violation and, upon conviction, shall be sentenced to pay a fine of not less than $50 or more than $500 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days."

M. Section 119.0 of the code, Unsafe Structures and Equipment, and all subsections thereunder, being Sections 119.1 through 119.6, are deleted, and the following is substituted for that section and subsections:

	"Section 119.0 Unsafe Structures and Equipment
	"119.1 Investigation; definition: Whenever it is reported to the Borough Council that any structure, completed or in process of completion, or any existing equipment or any portion of that structure or equipment, is in unsafe condition, Council shall immediately cause an investigation and examination to be made of that structure or equipment. If that investigation or examination indicates that the structure or equipment is unsafe in any respect, a report in writing shall be made to Council specifying the exact condition of the structure or equipment, and setting forth whether the structure or equipment is capable of being properly repaired or whether it should be taken down or removed as unsafe. Provided: The term "unsafe," when applied to any structure or equipment, shall include any of the following: a structure or equipment that is structurally unsafe, unstable or inadequately provided with light or ventilation; that has inadequate means of egress; that constitutes a fire hazard or is otherwise dangerous to human life or public welfare; or which involves illegal or improper occupancy; or constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment; or is otherwise dangerous to life or property. A vacant structure that is not secured against entry shall be deemed unsafe.
	"119.2 Notice to repair or remove: If any structure or equipment is reported to Borough Council, as provided in Section 119.1, to be in unsafe condition, the Code Official, upon request of Council, shall forthwith cause written notice to be served upon the owner of the structure or equipment. That notice shall require the owner of the structure or equipment to commence the repair or removal of the structure or equipment within 10 days of the notice, and to complete the repair or removal thereof within 30 days of that notice. Provided: Any structure or equipment deemed to be unsafe by the Council and the Code Official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy takes place during the restoration of the structure, such repairs, alterations, additions, or changes of occupancy shall comply with the requirements of Section 107.1 and Chapter 34 of this code, and the provisions of the Borough's Property Maintenance Code. Provided further: In any case where the notice provided for in this Subsection 119.2 requires the repair of a structure or equipment, the owner thereof shall not be prevented thereby from exercising the option of removing the structure or equipment, within the prescribed time limits, instead of making repairs to it.
	"119.3 Service of notice: The notice required by Section 119.2 shall be served personally upon the owner of the structure or equipment to which the notice refers if that owner is a resident of the Borough. If the owner is not a resident, the notice shall be served upon the agent of the owner if that agent has a residence or place of business within the Borough. Otherwise, the notice may be served upon a tenant or occupant of the structure. If the owner has no such agent or tenant or occupant of the structure, service shall be made by notice posted upon the structure, and, in addition, a copy of the notice shall be sent to the owner of the structure, by certified mail, return receipt requested, at the last known address of that owner.
	"119.4 Failure to comply constitutes violation: If the owner of any unsafe structure or equipment to whom or which a notice to repair or remove the structure or equipment shall have been sent under the provisions of this section fails to commence or to complete the repair or removal within the time limit stated in the notice, he shall be guilty of a violation of this code and shall be subject to the penalty herein prescribed for the violation thereof, and that penalty and those costs of prosecution may be in addition to costs and expenses collected under Section 119.5.
	"119.5 Authority for Borough to do work at expense of owner: If the owner of any unsafe structure or equipment to whom or which a notice to repair or remove the structure or equipment shall have been sent under the provisions of this section fails to commence or to complete that repair or removal within the time limit prescribed by the notice, the Borough Council shall have authority to cause that work of repair or removal to be commenced and/or completed, as the case may be, by the Borough, and the cost and expense thereof, with a penalty of 10%, shall be collected from the owner of the structure or equipment in the manner provided by law. Provided: The recovery of the cost and expense, together with the penalty, may be in addition to the penalty imposed for violation of this code, as provided by Section 116.4.
	"119.6 Appeal; disregard of unsafe notice: A person served with a notice or order to remove or repair a structure or equipment or a portion of a structure or equipment shall be allowed 30 days in which to comply with the notice or order. Provided: Any person served with such a notice or order may, within 10 days after service upon him, appeal from the notice or order to Borough Council and, if council confirms the notice or order, the person on whom it was served shall comply with the terms of the notice or order within 30 days after confirmation by Council. Council may institute an appropriate action in court to compel compliance."

N. Section 121.0 of the code, Means of Appeal, and its subordinate sections 121.1 through 121.7, as well as subsections of Sections 121.2, 121.4 and 121.6, are deleted.

O. The definition of the term "building line," as defined in Section 202.0 of the code, is amended to read as follows:

"Building line: A line established by law or ordinance, or appearing on an officially accepted lot plan, beyond which a building may not extend."

P. The definition of the term "Code Official," as defined in Section 202.0 of the code, shall be changed to read as in Subsection D of this section.

Q. The definition of the term "curb level," as referred to in Section 202.0 and as defined in Section 3203.2, is amended to read as follows:

"Curb level: The elevation of a street curb as established or recognized by ordinance or by other lawful procedure."

R. The following subsections are retained and added directly after Section 707.9 of the code:

"707.9.1 Multiple Single-Family Dwellings: In all townhouses, condominiums, apartments, multifamily-dwelling buildings, commercial buildings or any structure requiring a fire wall, an eight-inch masonry fire wall shall be erected the full width or depth of the building, measured from front to rear from the basement floor elevation in buildings which have a basement and, in buildings which do not have a basement, from the lowest floor elevation to a height at 30 inches, constructed so that not more than one apartment, dwelling unit, or commercial unit shall be enclosed in such fire walls.

"707.9.2 Dwelling units: Each dwelling unit must be separated by an approved masonry wall."

S. Section 901.2 of the code, as amended, is retained to read as follows:

"901.2 Required systems: All fire protection systems shall be required as set forth in this code and for all multifamily and commercial buildings, manufacturing and industrial uses. The fire protection system shall be installed, repaired, operated and maintained in accordance with this code and the fire prevention code listed in Article I of this chapter. All required fire suppression and standpipe systems shall be provided with at least one automatic supply of fire-extinguishing agent of adequate pressure, capacity and reliability to perform the function intended."

T. Section 906.2, as amended, is retained by adding the following language:

	"Notwithstanding anything to the contrary herein, automatic sprinkler equipment shall be installed and maintained in:
	"(1)	All existing cellars and basements having a floor area of 2,000 square feet or more and used for the manufacture or sale of Class A goods, wares or merchandise, or for the manufacture, storage or sale of Class B goods, wares or merchandise, or for the housing of automobiles which is not divided from floor to underside of floor above by one or more fire-retardant partitions.
	"(20)	Any portion of an existing building having a floor of 5,000 square feet or more which is not divided from the floor to the underside of the floor above or roof deck by one or more fire-retardant partitions."

U. Section 1023.1 of the code as amended, is retained to read as follows:

"1023.1 Location: In all buildings, rooms or spaces required to have more than one exit or exit access, all required means of egress shall be indicated with approved internally illuminated exit signs reading "EXIT." These signs shall be visible from the exit access and, when deemed necessary by the Code Official or Fire Official, shall be supplemented by internally illuminated directional signs in the exit access corridors indicating the direction and way of egress. All signs shall be located at exit doors or exit access areas at the floor and ceiling level so as to be readily visible. In addition, approved internally illuminated exit signs shall be provided on the wall, the bottom of the sign at least eight inches off the floor, on one side of the exit doorway. All EXIT signs are to be illuminated at all times the building is occupied. Fire exit markings shall be located at floor level no greater than 25 feet apart indicating the closest fire exit. Fire exit doors shall be indicated on the door as "FIRE EXIT." Markings and signs shall be approved by the Fire Marshal."

V. Section 1813.0 of the code, as amended, is retained to read as follows:

"Section 1813 Waterproofing, Dampproofing and Subsoil Drainage Systems"

W. Sections 1813.1, 1813.1.1, and 1813.1.2 of the code, as amended, are retained to read as follows:

	"1813.1 Where required: Walls or portions thereof that retain earth and enclose interior spaces and floors below grade shall be waterproofed, dampproofed, and all building foundations shall be provided with a subsoil drainage system in accordance with this section, with the exception of those spaces containing use groups other than residential and institutional where such omission is not detrimental to the building occupancy.
	"1813.1.1 Story above grade: Where a basement is considered a story above grade and the finished ground level adjacent to the basement wall is below the basement floor elevation for 25% or more of the perimeter, the floor and walls shall be dampproofed in accordance with Section 1813.3 and a foundation drain shall be installed in accordance with Section 1813.5.2. The provisions of Section 1813.2 and 1813.4 shall not apply in this case.
	"1813.1.2 Underfloor space: The finished ground level of an underfloor space such as a crawl space shall not be located below the bottom of the footings. Where there is evidence that the groundwater table rises to within six inches (152 mm) of the ground level at the outside building perimeter or where there is evidence that the surface water does not readily drain from the building site, the ground level of the underfloor space shall be as high as the outside finished ground level. The provisions of Sections 1813.2, 1813.3, 1813.4 and 1813.6 shall not apply to this case."

X. Sections 1813.5, 1813.5.1 and 1813.5.2, as amended, are retained to read as follows:

	"1813.5 Subsoil drainage system: All buildings with basement of slab on grade shall be provided with a subsoil drainage system around the foundation perimeter and drain to a designated area as required by the appropriate Borough ordinance for a foundation drainage system or regulation concerning the same. A subsoil drainage system designed and constructed in accordance with Section 1813.2.1 shall be deemed adequate for lowering the groundwater table.
	"1813.5.1 Floor base: Floors shall be placed over a base course not less than four inches (102 mm) in thickness that consists of gravel or crushed stone containing not more than 19% of material that passes through a No. 4 sieve.
	"1813.5.2 Foundation drain: A drain shall be placed around the perimeter of a foundation. The drain shall extend a minimum of 12 inches (305 mm) beyond the outside edge of the footing. The thickness shall be such that the bottom of the drain is not higher than the bottom of the base under the floor and the top of the drain is not less than six inches (152 mm) above the top of the footing. The top of the drain shall be covered with an approved filter membrane material. Where a drain tile or perforated pipe is used, the invert of the pipe or tile shall not be higher than the floor elevation. The top of joints or the top of perforations shall be protected with an approved filter membrane material. The pipe or tile shall be placed on not less than two inches (51 mm) of gravel or crushed stone complying with Section 1813.5.1 and shall be covered with not less than six inches (152 mm) of the same material."

Y. Section 1813.5.3 of the code, as amended, is retained so as to delete the exception as set forth therein.

Z. The following new section and subsection, as added to the code and effective as of December 5, 1996, following Section 1913.1.3, is retained to read as follows:

	"Section 1914.0 Slumps for Various Types of Construction
	"1914.1 Choice of slump: If a slump is not otherwise specified, a value appropriate for the work shall be selected from Table 1914.1.1. The slump ranges shown apply when vibration is used to consolidate the concrete. Mixes of the stiffest consistency that can be placed efficiently shall be used.

	"Table 1914.1.1 Recommended Slumps for Various Types of Construction*
		Slump (inches)
	Types of Construction	Maximum	Minimum
	Reinforced foundation walls and footings	3	1
	Plain footings, caissons, and substructure walls	3	1
	Beams and reinforced walls	4	1
	Building columns	4	1
	Pavements and slabs	3	1
	Mass concrete	2	1

	NOTE:
	*	Slump may be increased when chemical admixtures are used, provided that the admixture-treated concrete has the same or lower water-cementitious material ratio and does not exhibit segregational potential or excessive bleeding. The maximum slump in inches may be increased by 1 for methods of consolidation other than vibration."

AA. Chapter 27 of the code, Electric Wiring, Equipment and Systems, shall be enforced in conjunction with the National Electrical Code/1996 NFPA 70 listed in Chapter 35 of the code.

BB. Chapter 29 of the code, Plumbing Systems, shall be enforced in conjunction with the ICC International Plumbing Code, 1997, which has been adopted by reference by Ordinance No. 329 (Article II of this chapter).

CC. The first paragraph of Section 3408.2 of the code is amended to read as follows:

"3408.2 Applicability: Structures existing prior to July 7, 1987, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements of this section or the provisions of this section or the provisions of Sections 3403.0 through 3407.0."

§ 135-11 Interpretation.

In interpreting any provision of the code adopted by § 135-9, the following principles shall be governing:

A. Nothing in the said code or in the ordinance adopting it shall supersede any provision of the law of the Commonwealth of Pennsylvania or of any regulation promulgated by any department or agency of the commonwealth by authority of law where such law or regulation is in conflict with or identical to a provision of the said code; provided, however, any provision of the said code that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Borough of Trappe, subject to the penalties herein prescribed for a violation of the code adopted by § 135-9.

B. Mention in or regulation by the code adopted by § 135-9 of any specific use of property or of any business or industry shall not in itself authorize such use of property or the establishment or carrying on of such business or industry in the Borough. It is declared that the intent of Borough Council shall be as governed by the Borough's Zoning Ordinance, its amendments and supplements.