[HISTORY: Adopted by the Board of Commissioners of the Township
of Radnor 1-3-2023 by Ord. No. 2022-22.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 132,
Buildings, Existing, adopted 2-22-2010 by Ord. No. 2010-12.
Certain documents on file in the office of the Secretary of
the Township of Radnor, being marked and designated as the "2018 International
Existing Building Code," are hereby adopted as the Existing Building
Code of Radnor Township, Delaware County, in the Commonwealth of Pennsylvania,
for the purpose of establishing minimum regulations governing the
repair, alteration, change of occupancy, addition, and relocation
of existing buildings as herein provided; and each and all of the
provisions, penalties, conditions, and terms of the 2018 International
Existing Building Code, as amended, are hereby referred to, adopted,
and made a part hereof as if fully set forth in this chapter, with
the additions, insertions, deletions, and changes prescribed by this
chapter.
The following sections and subsections of the aforementioned
2018 International Existing Building Code, as amended, are hereby
added, amended, deleted, changed, and clarified as set forth below.
A.
Chapter 1, Administration.
(1)
Section 101, General.
(a)
In Subsection 101.1, Title, insert "Township of Radnor" as the
name of the jurisdiction.
(b)
Insert a new Subsection 101.8 to read as follows:
101.8 Default Municipality. Whenever in the Existing
Building Code a municipality is mentioned and no name is given, said
municipality shall be construed to mean the Township of Radnor; and
when a state is mentioned, the same shall mean the Commonwealth of
Pennsylvania; and when the Department of Building Safety is mentioned,
the same shall mean the Department of Community Development.
(2)
Section 103, Department of Building Safety.
(a)
Delete Subsections 103.1 through 103.3 and substitute with the
following:
103.1 General. The Director of Community Development
or any authorized agent or employee thereof shall be designated as
the Building Official for the purposes of this code.
103.2 Appointment. The Building Official and employees
of the Department of Community Development shall be appointed in accordance
with the personnel procedures and policies of the Township of Radnor.
(3)
Section 104, Duties and Powers of Building Official.
(a)
Delete Subsection 104.1, General, and substitute with the following:
104.1 General. The Director of Community Development
or a duly authorized representative, also referred to as 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 conformance 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.
(4)
Section 108, Fees.
(a)
Delete Subsection 108.1, Payment of fees, and substitute with
the following:
108.1 Permit fees. No permit to begin work for new construction, alterations, repair, removal or other building operations shall be issued until the fees established by the Board of Commissioners have been paid in accordance with Chapter 162 of the Code of the Township of Radnor, as amended, nor shall an amendment to a permit necessitating an additional fee, because of an increase in the estimated cost involved, be approved until the additional fees have been paid in accordance with Chapter 162 of the Code of the Township of Radnor, as amended.
(b)
Subsection 108.4, Work commencing before permit issuance. Delete
the first "shall" on line three and replace with "may."
(c)
Delete Subsection 108.6, Refunds.
(5)
Section 110, Certificate of Occupancy.
(a)
Delete Subsection 110.2, Certificate issued, and replace with
the following:
110.2 Certificate issued. After the Building Official
inspects the building or structure and finds no violations of the
provisions of this code or other laws that are enforced by the Township,
the Building Official shall issue a certificate of occupancy.
(6)
Section 112, Board of Appeals.
(a)
Delete the entire Section 112, Board of Appeals, and substitute
with the following:
|
SECTION 112
APPEALS
|
112.1 General. Whenever the owner or builder
of any building about to be or in the course of being erected, altered,
repaired, used, or occupied or any other person takes exception to
the decision of the Building Official in refusing to approve the manner
of construction or the type of materials to be used in the erection,
alteration, or repair of any building or structure, or to his decision
as to the occupation or use of any building or structure, or as to
its safety or compliance with the provisions of this code, such owner
or builder or duly authorized agent may, within 30 days after such
decision, take an appeal to the Code Appeals Board. Such appeal shall
be in writing, state the decision of the Building Official and the
reason for taking exception thereto, and shall be filed with the Department.
The appeal shall be heard pursuant to and consistent with the practices
and procedures established for or by the Code Appeals Board, as well
as the Pennsylvania Uniform Construction Code. A written decision
to affirm, modify, or reverse the decision of the Building Official
shall be issued by the Code Appeals Board and duly recorded, with
such decision being final.
112.2 Limitations on authority. An application
for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or an
equally good or better form of construction is proposed. The Code
Appeals Board shall not have authority to waive requirements of this
code.
(7)
Section 113, Violations.
(a)
Delete Subsection 113.3, Prosecution of violation, and substitute
with the following.
113.3 Prosecution of violation. If the notice of
violation is not complied with within the time specified in the notice,
the Building Official shall institute the appropriate proceeding at
law or in equity to restrain, correct, or abate such violation, or
to require the removal or termination of the unlawful occupancy of
the building or structure in violation of the provisions of this code
or of the order or direction made pursuant thereto.
(b)
Delete Subsection 113.4, Violation penalties, and substitute
with the following:
113.4 Violation penalties. Any person who violates
a provision of this code; fails to comply with any of the requirements
thereof; or erects, constructs, alters, repairs, or does work on a
building or structure in violation of the approved construction documents,
any approved plan, permit, certificate, application for permit, or
directive of the Building Official shall, upon conviction, be punishable
by a fine of not more than $1,000 per violation. Each day that each
violation continues shall be deemed a separate offense.
(8)
Section 117, Demolition.
(a)
Insert a new Subsection 117.5 to read as follows:
117.5 Certificate of extermination. A certificate
of extermination by a recognized exterminating/termite control company
addressing the existence of any wood-destroying insects, rodents,
or other harmful insects or pest life shall be received prior to the
issuance of a demolition permit.
B.
Chapter 2, Definitions.
(1)
Section 202, General Definitions.
(a)
Add the definition of "Code Appeals Board" to read as follows:
CODE APPEALS BOARD. The Radnor Township Code Appeals Board created, organized, and operated in accordance with Chapter 15, Code Appeals Board, of the Code of the Township of Radnor, as amended.
(b)
Amend the definition of "Code Official" to read as follows:
CODE OFFICIAL. The Director of Community Development charged
with the administration and enforcement of this code, or a duly authorized
representative.
(c)
Add the definition of "Department" to read as follows:
DEPARTMENT. The Department of Community Development of Radnor
Township or any authorized agent or employee thereof.
(d)
Add the definition of "Township" to read as follows:
TOWNSHIP. The Township of Radnor, Delaware County, Commonwealth
of Pennsylvania.
