[HISTORY: Adopted by the Board of Commissioners of the Township
of Radnor 1-3-2023 by Ord. No. 2022-23.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 158,
Energy Conservation, adopted 2-22-2010 by Ord. No. 2010-11.
Certain documents on file in the office of the Secretary of
the Township of Radnor, being marked and designated as the "2018 International
Energy Conservation Code," are hereby adopted as the Energy Conservation
Code of Radnor Township, Delaware County, in the Commonwealth of Pennsylvania,
for the purpose of establishing minimum regulations governing the
design, installation, and construction of energy-efficient building
envelopes and the installation of energy-efficient mechanical, lighting,
and power systems as herein provided; and each and all of the provisions,
penalties, conditions, and terms of the 2018 International Energy
Conservation 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 commercial building
provisions of the aforementioned 2018 International Energy Conservation
Code, as amended, are hereby added, amended, deleted, changed, and
clarified as set forth below.
A.
Chapter 1 (CE), Scope and Administration.
(1)
Section C101, Scope and General Requirements.
(a)
Subsection C101.1, Title. The "Township of Radnor" shall be
inserted as the name of the jurisdiction.
(b)
Insert a new Subsection C101.6 to read as follows:
C101.6 Default Municipality. Whenever in said Energy
Conservation 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 where the Department of Inspection is mentioned,
the same shall mean the Department of Community Development.
(2)
Section C104, Fees.
(a)
Delete the entire Section C104, Fees, and substitute with the
following:
|
SECTION C104
FEES
|
C104.1 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.
C104.2 Work commencing before permit issuance. Any
person who commences any work before obtaining the necessary permits
may be subject to an additional fee established by the Board of Commissioners
that shall be in addition to the required permit fees.
C104.3 Related fees. The payment of the fee for
the construction, alteration, removal or demolition of work done in
connection to or concurrently with the work or activity authorized
by a permit shall not relieve the applicant or holder of the permit
from the payment of other fees that are prescribed by law.
(3)
Section C109, Board of Appeals.
(a)
Delete the entire Section C109, Board of Appeals, and substitute
with the following:
|
SECTION C109
APPEALS
|
C109.1 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 Code 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 Code 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 Code Official shall
be issued by the Code Appeals Board and duly recorded, with such decision
being final.
C109.2 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.
(4)
Section C110, Violations.
(a)
Add a new Section C110, Violations, which shall read as follows:
|
SECTION C110
VIOLATIONS
|
C110.1 Unlawful acts. It shall be unlawful
for any person, firm or corporation to erect, construct, alter, extend,
repair, move, remove, demolish, or occupy any building, structure,
or equipment regulated by this code, or cause same to be done, in
conflict with or in violation of any of the provisions of this code.
C110.2 Notice of violation. The Code Official is
authorized to serve a notice of violation or order on the person responsible
for the erection, construction, alteration, extension, repair, moving,
removal, demolition, or occupancy of a building or structure in violation
of the provisions of this code, or in violation of a permit or certificate
issued under the provisions of this code. Such order shall direct
the discontinuance of the illegal action or condition and the abatement
of the violation.
C110.3 Prosecution of violations. If the notice
of violation is not complied with within the time specified in the
notice, the Code 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.
C110.4 Violation penalties. Any person who violates
a provisions 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 Code 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.
B.
Chapter 2 (CE), Definitions.
(1)
Section C202, 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.
The following sections and subsections of the residential building
provisions of the aforementioned 2018 International Energy Conservation
Code, as amended, are hereby added, amended, deleted, changed, and
clarified as set forth below.
A.
Chapter 1 (RE), Scope and Administration.
(1)
Section R101, Scope and General Requirements.
(a)
Subsection R101.1, Title. The "Township of Radnor" shall be
inserted as the name of the jurisdiction.
(b)
Insert a new Subsection R101.6 to read as follows:
R101.6 Default Municipality. Whenever in said Energy
Conservation 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 where the Department of Inspection is mentioned,
the same shall mean the Department of Community Development.
(2)
Section R104, Fees.
(a)
Delete the entire Section R104, Fees, and substitute with the
following:
|
SECTION R104
FEES
|
R104.1 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.
R104.2 Work commencing before permit issuance. Any
person who commences any work before obtaining the necessary permits
may be subject to an additional fee established by the Board of Commissioners
that shall be in addition to the required permit fees.
R104.3 Related fees. The payment of the fee for
the construction, alteration, removal or demolition of work done in
connection to or concurrently with the work or activity authorized
by a permit shall not relieve the applicant or holder of the permit
from the payment of other fees that are prescribed by law.
(3)
Section R109, Board of Appeals.
(a)
Delete the entire Section R109, Board of Appeals, and substitute
with the following:
|
SECTION R109
APPEALS
|
R109.1 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 Code 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 Code 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 Code Official shall
be issued by the Code Appeals Board and duly recorded, with such decision
being final.
R109.2 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.
(4)
Section R110, Violations.
(a)
Add a new Section R110, Violations, which shall read as follows:
|
SECTION R110
VIOLATIONS
|
R110.1 Unlawful acts. It shall be unlawful
for any person, firm or corporation to erect, construct, alter, extend,
repair, move, remove, demolish, or occupy any building, structure,
or equipment regulated by this code, or cause same to be done, in
conflict with or in violation of any of the provisions of this code.
R110.2 Notice of violation. The Code Official is
authorized to serve a notice of violation or order on the person responsible
for the erection, construction, alteration, extension, repair, moving,
removal, demolition, or occupancy of a building or structure in violation
of the provisions of this code, or in violation of a permit or certificate
issued under the provisions of this code. Such order shall direct
the discontinuance of the illegal action or condition and the abatement
of the violation.
R110.3 Prosecution of violations. If the notice
of violation is not complied with within the time specified in the
notice, the Code 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.
R110.4 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 Code 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.
B.
Chapter 2 (RE), Definitions.
(1)
Section R202, 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.
