[Adopted 12-19-2018 by Ord. No. 1035;[1] amended in its entirety 6-15-2022 by Ord. No. 1063]
[1]
Editor's Note: This ordinance also repealed former Art. VI, Residential Code, adopted 8-15-2012 by Ord. No. 957.
That a certain document, three copies of which are on file in the office of the Department of Community Development of South Whitehall Township, being marked and designated as the International Residential Code, 2018 Edition, as published by the International Code Council, be and is hereby adopted as the Residential Code of South Whitehall Township, in the Commonwealth of Pennsylvania, for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwelling (townhouses) not more than three stories in height with separate means of egress as herein provided: providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code on file in the office of the Department of Community Development of South Whitehall Township are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 144-21 of this article.
A. 
Section R101.1 Title. Insert "South Whitehall Township" in the space indicated by [NAME OF JURISDICTION].
B. 
Section R113.4 "Violation penalties" shall be changed to read:
R113.4 Violation penalties. Any person who violates a provision of this Code, or fails to comply with any of the requirements thereof, or who erects, constructs, alters or repairs a building or structure in violation of an approved plan or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be liable for a civil penalty, upon a finding of liability by the District Justice, or any other court of competent jurisdiction. The amount of the civil penalty for each such violation shall not be more than $1,000 plus costs of the enforcement action including reasonable attorney's fees. Each day that a violation continues shall be deemed to be a separate violation.
C. 
Section R114.2 "Unlawful continuance" shall be changed to read:
R114.2 Unlawful continuance. Any person who continues any work in or about the structure 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 conditions, shall be liable for a civil penalty, upon a finding of liability by the District Justice, or any other court of competent jurisdiction. The amount of the civil penalty for each such violation shall be not less than $100 and shall be not more than $1,000 plus costs of the enforcement action including reasonable attorney's fees. Each day that a violation continues shall be deemed to be a separate violation.
D. 
Section R114 "Stop Work Order" shall amended to add Section R114.3 titled "Disregard of Unsafe Notice" which shall read:
Section 114.3 Disregard of unsafe notice. Upon refusal or neglect of the person with an "unsafe notice" to comply with the requirements of the order to abate the unsafe condition, the Township Solicitor shall be advised of all the facts and shall initiate the appropriate action to compel compliance, including but not limited to an action to abate a nuisance. Any person failing to comply with the requirements of the abatement order shall be liable for a civil penalty, upon a finding of liability by the District Justice, or any other competent jurisdiction. The amount of the civil penalty for each such failure to comply with an abatement order shall be not more than $1,000 plus costs of the enforcement action including reasonable attorney's fees. Each day that the failure to comply with an abatement order continues shall be deemed to be a separate failure to comply with an abatement order.
In the event that the required repair or demolition is not commenced within the stipulated time, the Code Official shall have the power to post at each entrance a warning notice of an unsafe building condition.
No person shall occupy the building or any part thereof or remove or deface the aforementioned "unsafe building" notice until or at such time as all repairs, demolition or removal ordered by the Code Official have been completed and the Building Certificate of Occupancy has been issued.
E. 
Table R301.2(1). Insert the following:
Table R301.2(1)
Climatic and Geographic Design Criteria
GROUND SNOW LOAD WIND DESIGN
30 psf
Speed (mph)
90 mph
Topographical effects
No
Special wind region
No
Wind-borne debris zone
No
SEISMIC DESIGN CATEGORY SUBJECT TO DAMAGE FROM
B
Weathering
Severe
Frost line depth
36 inches
Termite
Yes
WINTER DESIGN TEMP
9° F.
ICE BARRIER UNDERLAYMENT REQUIRED
Yes
FLOOD HAZARDS
Some
AIR FREEZING INDEX
1500
MEAN ANNUAL TEMP MANUAL J DESIGN CRITERIA
50° F.
Elevation
387 feet
Latitude
40°
Winter heating
9° F.
Summer cooling
88° F.
Altitude correction factor
1
Indoor design temperature
72° F.
Design temperature cooling
75° F.
Heating temperature difference
63° F.
Cooling temperature difference
13° F.
Wind velocity heating
18.6 mph
Wind velocity cooling
None
Coincidental wet bulb
72.7° F.
Daily range
22° F.
Winter humidity
78.05% RH
Summer humidity
46.56% RH
F. 
Section P2602 INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL shall be amended to read as follows:
P2602.1.1 Public water supply and public sewer supply. Every building intended for human habitation shall utilize public water and sewer services, if such building is situated within 150 feet of lines providing such service.
G. 
P2603.5.1 Sewer depth. Insert "36 inches" in the spaces indicated by [NUMBER].
H. 
SECTION P2902 PROTECTION OF POTABLE WATER SUPPLY shall be amended to include subsection P2902.5.6 which shall read as follows:
P2902.5.6 Meter valve. Wherever a new service connection to a central water system is made, or whenever as existing water meter is replaced (other than as exempted below), then a double check-valve assembly shall be installed and maintained in the water distribution piping on the building side of the water meter. The double check-valve assembly shall be identical in size with the meter connection.
Existing water meters in one and two family detached dwellings. As of the date of adoption of this Ordinance, shall be exempt from the double check-valve assembly requirements, for as long as said one or two family use is maintained. Provided, however, that this exemption shall not be applicable to those dwellings where the Code Official has specifically determined in writing that there is an actual, imminent threat to the public health and safety from the lack of a double check-valve assembly; and further provided, that this exemption shall not be applicable to the extent that the Pennsylvania Department of Environmental Protection has issued a final, binding order to the contrary to the Township or others.
All parts of Ordinance No. 1035 and all other ordinances, resolutions, or other regulations of the Township in conflict with this article are hereby expressly repealed, but only to the extent of such conflict.
Nothing in this article shall be construed to affect any suit or proceeding pending 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; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Code or ordinance.