[HISTORY: Adopted by the Board of Commissioners of the Township
of Radnor 1-3-2023 by Ord. No. 2022-30. Amendments noted where applicable.]
Certain documents on file in the office of the Secretary of
the Township of Radnor, being marked and designated as the "2018 International
Swimming Pool and Spa Code," are hereby adopted as the Swimming Pool
and Spa Code of Radnor Township, Delaware County, in the Commonwealth
of Pennsylvania, for the purpose of establishing minimum regulations
governing the design, installation, construction, and operation of
swimming pools and spas as herein provided; and each and all of the
provisions, penalties, conditions, and terms of the 2018 International
Swimming Pool and Spa 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 Swimming Pool
and Spa Code, as amended, are hereby added, amended, deleted, changed,
and clarified as set forth below.
A.
Chapter 1, Scope and Administration, Part 1, Scope and Application.
(1)
Section 101, General.
(a)
Subsection 101.1, Title. The "Township of Radnor" shall be inserted
as the name of the jurisdiction.
(b)
Insert a new Subsection 101.5 to read as follows:
101.5 Default Municipality. Whenever in said Swimming
Pool and Spa Code a local authority or local jurisdiction is mentioned
and no name is given, said authority or jurisdiction shall be construed
to mean the Township of Radnor, and when a state authority or jurisdiction
is mentioned, the same shall mean the Commonwealth of Pennsylvania;
and where a department or the Department of Building Safety is mentioned,
the same shall mean the Department of Community Development.
B.
Chapter 1, Scope and Administration, Part 2, Administration and Enforcement.
(1)
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 Code Official for the purposes of this code.
103.2 Appointment. The Code 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.
103.3 Deputies. In accordance with the prescribed
procedures of the Township of Radnor, the Code Official shall have
the authority to appoint a Deputy Code Official, other related technical
officers, inspectors, and other employees.
(2)
Section 104, Duties and Powers of the Code Official.
(a)
Delete Subsection 104.2, Applications and permits, and substitute
with the following:
104.2 Applications and permits. The Code Official
shall receive applications, review construction documents and issue
permits for the erection, construction, installation, enlargement,
alteration, conversion, repair, renovation, movement, removal, replacement,
demolition, or occupation any building, structure, aquatic recreation
facility, pool, spa, system, and/or related mechanical, electrical
and plumbing systems. The Code Official shall inspect the premises
for which such permits have been issued and enforce compliance with
the provisions of this code.
(3)
Section 105, Permits.
(a)
Delete Subsection 105.1, Applications and permits, and substitute
with the following:
105.1 When required. Any owner, or owner's
authorized agent, who desires to erect, construct, install, enlarge,
alter, convert, repair, renovate, move, remove, replace, or demolish
an aquatic recreation facility, pool, or spa or to erect, construct,
install, enlarge, alter, convert, repair, renovate, move, remove,
replace, or demolish any system, the installation of which is regulated
by this code, or to cause any such work to be performed, shall first
make application to the Code Official and obtain the required permit
for the work.
(b)
Delete the entire Subsection 105.6, Fees, and substitute with
the following:
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105.6 Fees. No permit to begin work for any erection, construction, installation, enlargement, alteration, conversion, repair, renovation, moving, removal, replacement, demolition, or other 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.
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105.6.1 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.
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105.6.2 Related fees. The payment of
the fee for any erection, construction, installation, enlargement,
alteration, conversion, repair, renovation, moving, removal, replacement,
or demolition 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.
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(4)
Section 107, Violations.
(a)
Delete the entire Section 107, Violations, and substitute with
the following:
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SECTION 107
VIOLATIONS
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107.1 Unlawful acts. It shall be unlawful for any
person, firm or corporation to erect, construct, install, enlarge,
alter, convert, repair, renovate, move, remove, replace, demolish,
or occupy any building, structure, aquatic recreation facility, pool,
spa, system, 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.
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107.2 Notice of violation. The Code Official is
authorized to serve a notice of violation or order on the person responsible
for the erection, construction, installation, enlargement, alteration,
conversion, repair, renovation, moving, removal, replacement, demolition,
or occupancy of a building, structure, aquatic recreation facility,
pool, spa, or system 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.
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107.3 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.
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107.4 Violation penalties. Any person who violates
a provision of this code; fails to comply with any of the requirements
thereof; or erects, constructs, installs, enlarges, alters, converts,
repairs, renovates, moves, removes, replaces, demolishes, occupies,
or otherwise does work on a building, structure, aquatic recreation
facility, pool, spa, or system 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.
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107.5 Stop-work orders. Upon notice from the Code
Official, work on any building, structure, aquatic recreation facility,
pool, spa, or system that is being performed contrary to the provisions
of this code or in a dangerous or unsafe manner shall immediately
cease. Such notice shall be in writing and shall be given to the owner
of the property, or to the owner's authorized agent, or to the
person performing the work. The notice shall state the conditions
under which work is authorized to resume. Where an emergency exists,
the Code Official shall not be required to give a written notice prior
to stopping the work. Any person who shall continue 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 condition, shall be liable to a fine of not less
than $500 nor more than $1,000.
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107.6 Abatement of violation. The imposition of
the penalties herein prescribed shall not preclude the Code Official
from instituting appropriate action to prevent violation, or to prevent
the illegal use of an aquatic recreation facility, pool, spa, or system,
or to stop an illegal act, conduct, business or utilization of the
plumbing on or about any premises.
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107.7 Unsafe facilities, pools, spas, or systems. Any aquatic recreation facility, pool, spa, or system regulated
by this code that is unsafe or that constitutes a fire or health hazard,
insanitary condition, or is otherwise dangerous to human life is hereby
declared unsafe. Any use of such an aquatic recreation facility, pool,
spa, or system constituting a hazard to safety, health, or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence,
fire hazard, disaster, damage, or abandonment is hereby declared an
unsafe use. Any such unsafe aquatic recreation facility, pool, spa,
or system is hereby declared to be a public nuisance and shall be
abated by repair, renovation, replacement, demolition, or removal.
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107.7.1 Authority to condemn a facility, pool,
spa, or system. Where the Code Official determines that any
aquatic recreation facility, pool, spa, or system, or portion thereof,
regulated by this code has become hazardous to life, health or property
or has become insanitary, the Code Official shall order, in writing,
that such aquatic recreation facility, pool, spa, or system either
be removed, replaced, or restored to a safe and sanitary condition.
A time limit for compliance with such order shall be specified in
the written notice. A person shall not use or maintain such a defective
facility, pool, spa, or system after receiving such notice. Where
such a facility, pool, spa, or system is to be disconnected, written
notice as prescribed in Section 107.2 shall be given. In cases of
immediate danger to life or property, such disconnection shall be
made immediately without such notice.
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107.7.2 Authority to disconnect service utilities. The Code Official shall have the authority to authorize disconnection
of utility service to the aquatic recreation facility, pool, or spa
regulated by the technical codes in case of an emergency, where necessary,
to eliminate an immediate danger to life or property. Where possible,
the owner or the owner's authorized agent and occupant of the
building where the facility, pool, or spa is located shall be notified
of the decision to disconnect utility service prior to taking such
action. If not notified prior to disconnecting, the owner, the owner's
authorized agent or the occupant of the building shall be notified,
in writing, as soon as practical thereafter.
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107.7.3 Connection after order to disconnect. A person shall not make connections from any energy, fuel, power
supply, or water distribution system, or supply energy, fuel, or water
to any equipment regulated by this code that has been disconnected
or ordered to be disconnected by the Code Official or the use of which
has been ordered to be discontinued by the Code Official until the
Code Official authorizes the reconnection and use of such equipment.
When any aquatic recreation facility, pool, spa, or system is maintained
in violation of this code, and in violation of any notice issued pursuant
to the provisions of this section, the Code Official shall institute
any appropriate action to prevent, restrain, correct or abate the
violation.
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(5)
Section 108, Means of Appeal.
(a)
Delete the entire Section 108, Means of Appeal, and substitute
with the following:
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SECTION 108
MEANS OF APPEAL
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108.1 General. Whenever the owner or builder
of any building, structure, aquatic recreation facility, pool, spa,
or system about to be or in the course of being worked upon (erected,
constructed, installed, enlarged, altered, converted, repaired, renovated,
moved, removed, replaced, demolished, etc.), used, or occupied, or
any other interested party takes exception to the decision of the
Code Official in refusing to approve the manner of work or the type
of materials to be used in such work; to his/her decision as to the
occupation or use of any such building, structure, facility, pool,
spa, or system; or to his/her decision concerning such building's,
structure's, facility's, pool's, spa's, or system's
safety or compliance with the provisions of this code, such owner,
builder, or party may, within 30 days after the issuance of 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.
108.2 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.
C.
Chapter 2, Definitions.
(1)
Section 202, 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. Also known as "Board of Appeals."
(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.
