[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 6-15-2004 by Ord. No. 2059-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 114.
Electrical registration — See Ch. 135.
Fire prevention — See Ch. 151.
Housing standards — See Ch. 167.
Plumbing standards — See Ch. 209.
[1]
Editor's Note: This chapter repealed former Ch. 110, Building Construction, adopted 3-15-1960 by Ord. No. 959, as amended.
Cheltenham Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, further identified as Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the building code of Cheltenham Township except as to those provisions which shall remain in full force and effect, as more specifically set forth in §§ 110-5 and 110-6 or elsewhere in this chapter.
Administration and enforcement of the UCC within Cheltenham Township shall be undertaken in any of the following ways, as determined by the Board of Commissioners of Cheltenham Township from time to time by resolution:
A. 
By the designation of an employee of the Township to serve as the Township code official to act on behalf of the Township;
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Township;
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution of the Board of Commissioners of Cheltenham Township in conformity with the requirements of the relevant provisions of the UCC, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.[1]
[1]
Editor's Note: Res. No. 11-09, adopted 2-17-2009, established a Board of Appeals to perform the duties set forth in Chapter 1 of the 1999 BOCA National Building Code and appointed members and alternate members thereto.
A. 
All provisions of building code ordinances which were adopted by Cheltenham Township on or before July 1, 1999, and which equal or exceed the requirements of the UCC, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the UCC, as amended from time to time, regardless of whether this chapter makes specific reference to any of such provisions.
B. 
All relevant ordinances, regulations and policies of Cheltenham Township not governed by the UCC shall remain in full force and effect.
The following amendments to standards of the UCC are specifically identified as deletions and/or amendments in order to maintain the restrictiveness of various building code provisions which equal or exceed the requirements of the UCC as adopted by Cheltenham Township on or before July 9, 1999, and shall continue in full force and effect until such time as the provisions fail to equal or exceed the minimum requirements of the UCC, as amended from time to time. The following amendments to standards are not intended as an exhaustive list of amendments to maintain the restrictiveness of building code provisions adopted by the Township before July 1, 1999, which equal or exceed the requirements of the UCC, and the Township reserves the right to enforce, without limitation, all other building code provisions not specifically listed below which were adopted on or before July 1, 1999, which equal or exceed the requirements of the UCC, as amended from time to time:
A. 
Section 104(b)(3) of Act No. 45 is hereby deleted.
B. 
The following sections of Title 34, entitled "Labor and Industry," Part XIV, entitled "Uniform Construction Code," are hereby deleted:
(1) 
Definition for "Structure" as set forth in Section 401.1.
(2) 
Section 403.1(b)(3).
(3) 
Section 403.1(b)(4).
(4) 
Section 403.23(b)(1).
(5) 
Section 403.42(c)(1)(i).
(6) 
Section 403.42(c)(1)(iii).
(7) 
Section 403.42(c)(1)(vi).
(8) 
Section 403.42(c)(1)(x).
(9) 
Section 403.42(c)(5)(ii).
(10) 
Section 403.62(c)(1)(i).
(11) 
Section 403.62(c)(1)(ii).
(12) 
Section 403.62(c)(1)(v).
(13) 
Section 403.62(c)(1)(vii).
(14) 
Section 403.62(c)(1)(xi).
(15) 
Section 403.62(c)(1)(xiii).
(16) 
Section 403.62(c)(1)(xiv).
(17) 
Section 403.62(c)(1)(xvii).
(18) 
Section 403.62(c)(5)(i).
(19) 
Section 403.62(c)(5)(viii).
(20) 
Section 403.62(c)(5)(ix).
(21) 
Section 403.62(c)(6)(iv).
C. 
The following definitions listed in § 110-6, entitled "Definitions," of Chapter 110, entitled "Building Construction," of the Cheltenham Township Code, adopted before July 1, 1999, shall be added to the end of Section 202 entitled "Definitions," of the International Building Code of the Uniform Construction Code:
ACCEPTED ENGINEERING PRACTICE
That which conforms to accepted principles, tests or standards of nationally recognized technical or scientific authorities.
ACCESSORY BUILDING
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
APARTMENT
A room or group of rooms in a multiple dwelling or an apartment hotel designed for and occupied exclusively as a residence for only one family.
APARTMENT HOTEL
A multiple dwelling which provides meal service for its tenants and their guests, with or without a central dining room, such service being not available to the general public.
ASTM
The American Society for Testing Materials.
DISPLAY SIGN
A structure that is arranged, intended, designed or used as an advertisement, announcement or direction, and includes a sign, sign screen, billboard, poster panel and advertising devices of every kind.
FAMILY
Any number of individuals living and cooking together as a single housekeeping unit, provided that not more than two of such number are unrelated to all of the others by blood, marriage or legal adoption. Domestic servants shall be considered an adjunct to the term "family."
FIRE MARSHAL
The Fire Marshal appointed by the Board of Commissioners or any duly authorized deputy, assistant or representative of the Fire Marshal.
GARAGE
(1) 
PRIVATE GARAGEA building accessory to a single-family or two-family dwelling for the storage of motor vehicles.
(2) 
PUBLIC GARAGEA building, not a private or storage garage, used solely for the storage, sale, service or repair of motor vehicles.
(3) 
STORAGE GARAGEA building, not a private or public garage, used solely for the storage of motor vehicles (not trucks) but not for the sale, service or repair of motor vehicles.
HOTEL
A building used for the purpose of furnishing food and lodging to the public and having lodging accommodations for 10 or more guests.
HOUSE TRAILER
Any vehicle used for living or sleeping purposes. If a "house trailer" is used for living or sleeping purposes within the Township for an aggregate of more than 30 days in any period of one year, it shall be considered as a single-family dwelling for all purposes of this chapter.
MULTIPLE DWELLING
A building designed for and occupied exclusively as a residence for three or more families living independently of one another; commonly known as an "apartment house."
REQUIRED
Made mandatory by some provision of this chapter.
RIGHT-OF-WAY
Land opened or intended for use as a street, alley or crosswalk.
ROOMING HOUSE
A dwelling, not a single-family or two-family dwelling, multiple dwelling or apartment hotel, providing lodging with or without meals and having lodging accommodations for fewer than 10 guests.
STREET
A right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and space for sewers and public utilities.
STREET LINE
The line dividing a lot from a street.
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams or girders, or any change which would convert an existing building into a different structure or adapt it to a different use.
ZONING ORDINANCE
The Cheltenham Township Zoning Ordinance of 1929, as amended.
D. 
The definition for the word "alley" set forth in Section 202, entitled "Definitions," of the International Building Code of the Uniform Construction Code, is hereby replaced with the definition for the word "alley" set forth in § 110-6, entitled "Definitions" of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
ALLEY
A strip of land over which there is a right-of-way, municipally or privately owned, on which no dwellings or stores front, serving as a secondary means of access to two or more lots.
E. 
The definition for the word "area building" set forth in Section 202, entitled "Definitions," of the International Building Code of the Uniform Construction Code, is hereby replaced with the definition for the word "building area" set forth in § 110-6, entitled "Definitions," of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
BUILDING AREA
The maximum horizontal projected area of buildings at or above grade, including all enclosed extensions.
F. 
The definition for the word "area building" set forth in Section 502.1, entitled "Definitions," of the International Building Code of the Uniform Construction Code, is hereby replaced with the definition for the word "building area" set forth in § 110-6, entitled "Definitions," of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
BUILDING AREA
The maximum horizontal projected area of buildings at or above grade, including all enclosed extensions.
G. 
The definition for the word "penthouse" set forth in Section 202, entitled "Definitions," of the International Building Code of the Uniform Construction Code, is hereby replaced with the definition for the word "penthouse" set forth in § 110-6, entitled "Definitions," of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
PENTHOUSE
An enclosed structure above the roof of a building other than a roof structure, extending not more than 12 feet above the roof and occupying not more than 1/3 of the roof area.
H. 
The definition for the word "penthouse" set forth in Section 1502.1, entitled "Definitions," of the International Building Code of the Uniform Construction Code, is hereby replaced with the definition for the word "penthouse" set forth in § 110-6, entitled "Definitions," of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
PENTHOUSE
An enclosed structure above the roof of a building other than a roof structure, extending not more than 12 feet above the roof and occupying not more than 1/3 of the roof area.
I. 
The definition for the word "structure" set forth in Section 202, entitled "Definitions," of the International Building Code of the Uniform Construction Code, is hereby replaced with the definition for the word "Structure" set forth in § 110-6, entitled "Definitions," of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
STRUCTURE
A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, swimming pool, wading pool, tunnel, tent stadium, reviewing stand, platform, bin, fence, sign, flagpole or the like, including any construction of any kind affecting or endangering life or property and also including a combination of materials assembled for the construction of any parking lot to accommodate 15 or more vehicles.
J. 
The following definitions listed in Section 209-1, entitled "Definitions," of Chapter 209, entitled "Plumbing Standards" of the Cheltenham Township Code, adopted before July 1, 1999, shall be added to the end of Section 202, entitled "General Definitions," of the International Plumbing Code of the Uniform Construction Code.
ACCEPTED STANDARD
The standards contained in these rules and regulations or other standards approved by the Township.
BACK VENT
A branch vent installed primarily for the purpose of protecting fixture traps from self-siphonage.
BUILDING DRAINAGE SYSTEM
Consists of all piping provided for carrying wastewater, sewage or other drainage from the building to the street sewer or place of disposal.
BUILDING HOUSE DRAIN
That part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building (house) sewer beginning 10 feet outside the inner face of the building wall.
BUILDING MAIN
The water supply pipe, including fittings and accessories, from the water (street) main or other source of supply to the first branch of the water distributing system.
BUILDING SEWER
That part of the horizontal piping of a building drainage system extending from the building drain 10 feet outside of the inner face of the building wall to the street sewer or other place of disposal (a cesspool, septic tank or other type of sewage treatment device or devices) and conveying the drainage of but one building site.
CONTINUOUS WASTE
A waste from two or more fixtures connected to a single trap.
CONTINUOUS WASTE AND VENT
A vent that is a continuation of and in a straight line with the drain to which it connects. A "continuous waste and vent" is further defined by the angle the drain and vent at the point of connection make with the horizontal; for, example, vertical continuous waste and vent, 45° continuous waste and vent and flat (small angle) continuous waste and vent.
DIAMETER
Unless specifically stated, the nominal diameter as designated commercially.
DISTANCE
The distance or difference in elevation between two sloping pipes is the distance between the intersection of their center lines with the center line of the pipe to which both are connected.
DOUBLE OFFSET
Two offsets installed in succession or series in the same line.
DRY VENT
Any vent that does not carry water or waterborne wastes.
GRADE OF A LINE OF PIPE
Its slope in reference to a horizontal plane. In plumbing, it is usually expressed as the fall in inches per foot length of pipe.
GROUP VENT
A branch vent that performs its functions for two or more traps.
INTERCONNECTION
Any physical connection or arrangement of pipes between two otherwise separate building water supply systems whereby water may flow from one system to the other, the direction of flow depending upon the pressure differential between the two systems. Where such connection occurs between the sources of two such systems and the first branch from either, whether inside or outside the building, the term "cross-connection" applies.
JUMPOVER
See "return offset."
LOOP VENT
The same as a circuit vent except that it loops back and connects with a soil or waste stack vent instead of the vent stack.
MAIN VENT
See "vent stack."
NONPRESSURE DRAINAGE
A condition in which a static pressure cannot be imposed safely on the building drain. This condition is sometimes referred to as "gravity flow" and implies that the sloping pipes are not completely filled.
POOL
A water receptacle used for swimming or as plunge or other bath, designed to accommodate more than one bather at a time.
PRESSURE DRAINAGE
A condition in which a static pressure may be used safely on the entrances of sloping building drains through soil and waste stacks connected thereto.
PRIMARY BRANCH
The single sloping drain from the base of a soil or waste stack to its junction with the main building drain or with another branch thereof.
RELIEF VENT
A branch from the vent stack connected to a horizontal branch between the first fixture drain and the soil or waste stack, whose primary function is to provide for circulation of air between the vent stack and the soil or waste stack.
RETURN OFFSET
A double offset installed so as to return the pipe to its original line.
SAND INTERCEPTOR (SAND TRAP)
A watertight receptacle designed and constructed to intercept and prevent the passage of sand or other solids into the drainage system to which it is directly or indirectly connected.
SECONDARY BRANCH OF THE BUILDING DRAIN
Any branch of the building drain other than a primary branch.
SEWAGE TREATMENT PLANT
Consists of structures and appurtenances which receive the discharge of a sanitary drainage system, designed to bring about a reduction in the organic and bacterial content of the waste so as to render it less offensive or dangerous. Septic tanks and cesspools shall be considered as sewage treatment plants.
SIZE OF PIPE AND TUBING
Unless otherwise stated, the nominal size by which the pipe or tubing is commercially designated. Actual dimensions of the different kinds of pipe and tubing are given in the applicable specifications.
STACK VENT
The extension of a soil or waste stack above the highest horizontal branch or fixture drain connected to the stack.
STORM DRAIN OR SEWER
A drain or sewer used for conveying rainwater, subsurface water, condensate, cooling water or other similar discharge.
SUBSOIL DRAIN
A drain installed for collecting subsurface or seepage water and conveying it to a place of disposal.
WET VENT
A soil or waste pipe that serves also as a vent.
K. 
The following Exceptions and Groups of the International Building Code of the Uniform Construction Code referencing minimum requirements for the installation of sprinkler systems are hereby deleted:
Chapter 4, Section 404 ATRIUMS, [F] 404.3 Exceptions
Chapter 4, Section 410 STAGES AND PLATFORMS [F] 410.6 Exceptions
Chapter 4, Section 411 SPECIAL AMUSEMENT BUILDING [F] 411.4 Exception
Chapter 5, Section 507 UNLIMITED AREA BUILDINGS 507.2 Exceptions 2
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, Group A [F] 903.2.1.1 Group A -1
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, Group A [F] 903.2.1.2 Group A -2
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, Group A [F] 903.2.1.3 Group A -3
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, Group A [F] 903.2.1.4 Group A -4
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, Group A [F] 903.2.1.5 Group A -5
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.2 Group E
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.3 Group F-1, [F] 903.2.3.1
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.6 Group M
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.8 Group S-1
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.8 Group S-1, [F] 903.2.8.1
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.8 Group S-1, [F] 903.2.8.2
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.9 Group S-2, Exception
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.9 Group S-2, [F] 903.2.9.1
Chapter 9, Section 903 AUTOMATIC SPRINKLER SYSTEMS [F] 903.2, [F] 903.2.10 All occupancies except Group R-3 and U, [F] 903.2.10.1
L. 
Chapter 9, Section 903, "Automatic Sprinkler Systems," is hereby amended by adding the following subsections:
[F] 903.6 Automatic sprinkler systems
(a)
Shall be installed and maintained in all new buildings, except single-family detached dwellings and multiple-family dwellings having three or fewer living units, to include all combustible concealed spaces and attached garages.
(b)
Shall not be installed or maintained in the following occupancies:
[1]
Rooms or structures used for the manufacture, sale, storage or processing of aluminum powder, calcium carbide, calcium phosphide, metallic sodium, potassium quicklime, magnesium powder or chips, sodium peroxide or like substances to which the application of water will cause or increase the fire hazard; or
[2]
Any other location where the installation of sprinkler equipment may, in the opinion of an approved rating bureau and/or the Fire Marshal, increase the hazard to life or property.
(c)
Shall be installed and maintained where presently installed in any currently existing building other than single-family detached dwellings.
(d)
Shall be installed and maintained in all existing buildings, except single-family detached dwellings and multiple-family dwellings, when substantially damaged and reconstructed or to which a substantial addition or alteration is made.
(e)
Shall be installed and maintained in all existing buildings where there is a change in occupancy classification and use except to single-family dwelling.
[F] 903.7 All buildings with automatic sprinkler systems, except single-family dwellings, shall be inspected and certified as to proper working condition annually by a certified sprinkler company and the written report of said certification forwarded to the Township Fire Marshal within 30 days of the inspection.
M. 
Chapter 9, "Fire Protection Systems," Section 907, shall be amended by adding the following:
907.20 Fire protection systems shall be installed and maintained in the following occupancies where the installation of sprinkler equipment may, in the opinion of an approved rating bureau and/or the Fire Marshal, increase the hazard to life or property, to include but not limited to:
(1)
Rooms or structures used for the manufacture, sale, storage or processing of aluminum powder, calcium carbide, calcium phosphide, metallic sodium, potassium quicklime, magnesium powder or chips, sodium peroxide or like substances to which the application of water will cause or increase the fire hazard; or
(2)
Any other location where the installation of sprinkler equipment may, in the opinion of an approved rating bureau and/or the Fire Marshal, increase the hazard to life or property.
907.21 AC-powered smoke detectors.
(1)
AC-powered smoke detectors shall be installed or maintained in the following occupancies:
(a)
All newly constructed single-family dwellings.
(b)
All newly constructed multiple-dwelling buildings, health-care institutions or buildings used for group habitation.
(c)
Any existing single-family dwelling when it is substantially altered.
(d)
Common areas of all buildings used in part or whole as multiple dwellings.
(e)
All areas of all existing buildings, single- and multiple-family homes, used in part or whole as group habitation, health-care and family day-care homes.
(2)
Dormitory sleeping rooms may be a single station installation.
907.22 Automatic fire alarm systems shall be installed and maintained, complete with a standby power system, in all new and existing buildings used in whole or in part for group habitation and/or multiple dwelling purposes and health-care facilities.
907.23 Battery-powered single station smoke detectors.
(1)
Battery-powered single station smoke detectors shall be installed or maintained in all existing structures used as single-family dwellings when the dwelling is sold. The seller of the property shall be required to execute an affidavit stating that the property has been brought into compliance with this section and shall present this affidavit to the Township when the seller completes the application for zoning and use certification required when property within the Township is sold.
(a)
Smoke detectors shall be of a type which is approved, listed and labeled by a nationally recognized agency, installed and maintained in accordance with the provisions of NFPA 70, 72E and 74.
(b)
All property owners and associations of property owners shall comply with the provisions of this article for all single-family detached dwellings sold after December 31, 1987.
(2)
In all existing multiple-family dwellings where a multiple-family dwelling unit is held in the condominium form of ownership, it shall be the responsibility of the condominium owner to install and maintain the smoke detector(s), and when the property is sold, the seller of the condominium shall be required to execute an affidavit stating that the property has been brought into compliance with this section and shall present this affidavit to the Township when the seller completes the application for zoning and use; certification required when property within the Township is sold.
(3)
Battery-powered single station smoke detectors shall be installed or maintained in any dwelling unit used in combination with a commercial occupancy whereby the common areas are protected by an AC-powered smoke detector system.
907.24 Heat detectors.
(1)
A minimum of one heat detector, interconnected to the building automatic fire alarm system, shall be installed in every dwelling unit of all multiple-dwelling buildings.
(2)
In dormitories, a heat detector shall be installed in each sleeping area and interconnected to the building automatic fire alarm system.
907.25 General regulations.
(1)
Mixed occupancy. Structures with more than one occupancy class shall be considered mixed occupancy and must comply with the most restrictive occupancy requirements.
(2)
Compliance requirements. Compliance with these regulations as they affect existing structures is required prior to May 19, 1989, with the exception of the requirement for heat detectors in multiple-family dwelling buildings, compliance with which is required prior to May 19, 1991.
(3)
Location. Smoke detectors must be located in each sleeping area, except in apartments or condominium units, where they may be located in close proximity thereto.
(4)
Supervision. All sprinkler, AC-powered smoke detectors, fire protection systems and automatic fire alarm systems shall be supervised. In buildings which are used in whole or in part for group habitation, health care or multiple-family occupancy, supervision shall be by means of an approved central station or municipal alarm center and automatically notify the Fire Department of a fire alarm.
(5)
Emergency exit signs. Wherever applicable codes require exit signs above exit doors on all new construction, this requirement shall include placement of approved signs six to eight inches from floor level to the left and right of the exit.
(6)
Recall elevators. All elevators in newly constructed buildings shall be equipped with recall and/or capture provisions, and fire service and shall be connected to the building fire protection systems.
(7)
Door locks. Exit doors on fire towers, including doors at roof level, may be locked from the stairway side of the door if the following conditions are met:
(a)
The door is held in the locked position by an electrically energized fail-safe latch.
(b)
The electrically energized latch shall be interconnected with the building fire alarm system and/or automatic sprinkler system which, when activated, shall automatically release the power from the latches, thereby unlocking all doors.
(c)
Electrical power to energize fail-safe latches shall be supplied by a separate circuit without interconnection with exit signs or any other devices. The emergency electrical power in the building shall not be supplied to fail-safe latches.
(d)
A safety shall be provided in a location designated by the Fire Marshal which shall cut the power to the fail-safe latches when manually operated.
(8)
Elevator lobbies.
(a)
Each floor of an elevator equipped building shall display a sign, at least four by four inches in size, above the call buttons, which shall read as follows: "In the event of a fire, do not use the elevators. Use closest stairway."
(b)
Each lobby area shall display a drawing or diagram indicating the lobby location together with the means and location of fire exits approved by the Fire Marshal.
(9)
Approved plans. Prior to installation, revision, addition or alteration of an approved automatic fire alarm system, automatic sprinkler system or fire protection system, the owner shall submit detailed plans to the Township Fire Marshal for review.
(10)
Interior finish requirements. Interior finish requirements for buildings may be reduced by one class when the building is totally protected by an automatic sprinkler system.
(11)
Condominiums. If dwelling units are held by the condominium form of ownership, each unit owner shall be responsible for the installation of smoke detectors in his or her unit. The condominium unit owners' association shall be responsible for installation and maintenance of required automatic fire alarms in common areas.
(12)
Equivalent equipment shall be permitted with the approval of the Fire Marshal, State and Rating Bureau.
(13)
Interconnection. All sprinkler and automatic fire alarm systems shall be interconnected to all elevators, automatic door locks and protective signaling equipment.
(14)
Marking of fire towers. All fire towers shall be permanently marked with numbers or letters not less than six inches tall and a stroke of not less than three-fourths inch on the fire tower door as to the floor and, when applicable, ground level exit.
(15)
Building identification. All commercial and multiple-family occupancy buildings are required to display the numeric street address and English name of the establishment in numbers of not less than six inches tall with a stroke of not less than three-fourths inch, at both the front and rear of the building. In buildings with internal service corridors, all doors in the corridor shall be marked with the store name or description of the use of the area serviced by the door.
N. 
The following provision of the Cheltenham Township Code, adopted before July 1, 1999, shall be added to the end of Section 314, entitled "Condensate Disposal," of the International Plumbing Code of the Uniform Construction Code:
§ 209-33 D. Air conditioners. No water used in the operation of and in conjunction with any air-conditioning system shall be discharged into the sewer system except home air conditioners may be discharged into the sewer system if they do not exceed a maximum of 20 gallons of water per day.
O. 
Sections 702.1, 702.2 and 702.3 of Section 702, entitled "Materials" of the International Plumbing Code of the Uniform Construction Code, are hereby replaced with § 209-31A., entitled "Materials," of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
§  209-31. Soil and waste pipes for sanitary sewers.
A.
Materials.
(1)
Soil and waste piping for sanitary drainage systems within a building shall be of brass, copper, service weight iron, steel or lead. ABS and PVC Schedule 40 plastic pipe and fittings may be used in one-and two-family residential buildings and the following commercial establishments.
(a)
Any size one-story aboveground commercial building with slab on grade (no basement).
(b)
A one-story aboveground commercial building with basement having a maximum of 12,000 square feet on the first floor.
(2)
Plastic pipe and fittings, when used in commercial buildings, shall not penetrate through fire walls.
P. 
Sections P3002.1 and P3002.2 of Section P3002, entitled "Materials," of Chapter 30, entitled "Sanitary Drainage," of the International Residential Code of the Uniform Construction Code, are hereby replaced with § 201.31A, entitled "Materials," of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
§  209-31. Soil and waste pipes for sanitary sewers.
A.
Materials.
(1)
Soil and waste piping for sanitary drainage systems within a building shall be of brass, copper, service weight iron, steel or lead. ABS and PVC Schedule 40 plastic pipe and fittings may be used in one-and two-family residential buildings and the following commercial establishments.
(a)
Any size one-story aboveground commercial building with slab on grade (no basement).
(b)
A one-story aboveground commercial building with basement having a maximum of 12,000 square feet on the first floor.
(2)
Plastic pipe and fittings, when used in commercial buildings, shall not penetrate through fire walls.
Q. 
Section R303.1, entitled "Habitable Rooms," of the International Residential Code of the Uniform Construction Code is hereby replaced, except for the noted "Exceptions" listed in Section R303.1, with § 167-3B. of the Cheltenham Township Code adopted prior to July 1, 1999 set forth herein below as follows:
§ 167-3B. Windows shall have an area between stop beads of not less than 10% of the floor area of the room served by them and, in addition, shall be not less than 12 square feet in area for habitable rooms and public halls and eight square feet for bathrooms and similar rooms, provided that, where a water closet occupies a separate compartment 40 square feet or less in area, the minimum requirement shall be four square feet. At least 50% of the required window area shall be arranged to open for ventilation. Where 100% of the window area is arranged to open for ventilation, the window area required for separate water closet compartments 40 square feet or less in area may be reduced to not less than three square feet. In lieu of windows in habitable rooms, the glass area in exterior may be accepted for 100% of the light requirements but not more than 50% of the ventilation requirements.
R. 
Section R304.3, entitled "Minimum Dimensions," of the International Residential Code of the Uniform Construction Code is hereby deleted.
S. 
Section R304.4, entitled "Height Effect on Room Area," of the International Residential Code of the Uniform Construction Code with § 167-6.A.(4) of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
§ 167-6.A.(4). Required ceiling height. At least 1/2 of the floor area of every habitable room shall have a clear ceiling height at least seven feet six inches, and such rooms shall have a minimum width of six feet in any part. The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as a part of the floor area of the room for the purposes of determining the maximum occupancy thereof.
T. 
Section R305.1, entitled "Minimum Height," of the International Residential Code of the Uniform Construction Code is hereby replaced with § 167-6A(4) of the Cheltenham Township Code adopted prior to July 1, 1999, as set forth herein below as follows:
§ 167-6A.(4). Required ceiling height. At least 1/2 of the floor area of every habitable room shall have a clear ceiling height at least seven feet six inches, and such rooms shall have a minimum width of six feet in any part. The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as a part of the floor area of the room for the purposes of determining the maximum occupancy thereof.
U. 
The following provision of the Cheltenham Township Code adopted before July, 1999 shall be added to the end of Section R306, entitled "Sanitation," of the International Residential Code of the Uniform Construction Code:
§ 110-24G. No toilet shall be entered directly from a room where food is being prepared or served.
V. 
The 2003 Edition of the International Fire Code, as adopted by the UCC, is hereby amended as follows:
(1) 
The exception to Section 3404.2.13.1.4(3) shall be deleted in its entirety.
(2) 
Chapter 1, "Administration," Section 104, "General Authority and Responsibilities" shall be amended by adding the following subpart:
"The Fire Marshal will, at the direction of the Fire Board, oversee the fire training area. He shall have such other powers and perform such other duties as are set forth in other sections of this article and as may be conferred and imposed from time to time by law."
(3) 
Chapter 1, "Administration," Section 104.10 shall be deleted in its entirety and replaced with the following:
"The Fire Marshal shall investigate the cause, origin and circumstances of every fire occurring in the Township by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigations shall be begun immediately upon the occurrence of such a fire, cooperating with the Fire Chief in whose district the fire occurs, and if it appears to the officers making such an investigation that such a fire is of suspicious origin, they shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case."
(4) 
Chapter 1, "Administration," Section 503.3 shall be deleted in its entirety and replaced with the following:
"Whenever the Fire Marshal shall determine that the parking of motor vehicles upon any road, street, lane or alley in Cheltenham Township is liable to interfere with the operations of the Fire Department or seriously hamper the egress of occupants from buildings in case of fire, he shall post signs on such road, street, lane or alley reading "No parking by order of the Fire Marshal." Any person or persons, firm or corporation parking motor vehicles in disregard of any sign so erected by the Fire Marshal shall be guilty of a violation of this article and subject to the fines and penalties hereinafter specified."
"The Fire Marshal shall have the power to restrict and regulate the parking of motor vehicles on all parking lots adjacent to commercial buildings or buildings open to the public for the purpose of providing proper egress by occupants in case of fire and the ingress of fire equipment. He shall designate the location for the installation of necessary signs setting aside said restricted areas, and it shall be the duty of the owner of the property to install, maintain and replace signs designating the restricted areas."
(5) 
Chapter 34, "Flammable and Combustible Liquids," Section 3405.3.3 shall be amended by adding the following:
"Portable cooking devices. (A) The use and maintenance of liquid-fuel portable cooking devices, including by way of illustration propane grills, shall be prohibited in all multiple-family dwellings containing four or more dwelling units. Balconies, decks, stairways, exitways and corridors shall be considered part of the multiple-family dwelling, and the use and maintenance of liquid-fuel portable cooking devices shall be prohibited in these areas as well as in the interior of the individual dwelling units. (B) The use and maintenance of solid-fuel portable cooking devices, including by way of illustration charcoal grills, shall be prohibited in all multiple-family dwellings containing four or more dwelling units. Balconies, decks, stairways, exitways and corridors shall be considered part of the multiple-family dwelling, and the use and maintenance of solid-fuel portable cooking devices shall be prohibited in these areas as well as in the interior of the individual dwelling units. Notwithstanding the foregoing, the use of solid-fuel portable cooking devices shall be permitted on balconies serving only one dwelling unit."
(6) 
Chapter 2, "Definitions," Section 202, "General Definitions" shall be amended to add the following:
AC-POWERED SMOKE DETECTOR
Those detectors which are approved, listed and labeled by a nationally recognized agency which have an AC primary source of electric power with a standby power system and alarm signal interconnected throughout the system.
AUTOMATIC FIRE ALARM SYSTEM
A functionally related group of devices which monitor control valves and flow switches and which automatically detect heat, smoke or other products of combustion. The system, when activated, will sound a fire signal without the necessity of human intervention.
AUTOMATIC SPRINKLER SYSTEMS
Those systems installed in accordance with NFPA 13, 13D, 13R and 25. In all cases, automatic sprinkler systems shall be interconnected with the building fire alarm system so that, in the event of activation of the sprinkler system, the building fire alarm system shall automatically sound if such a system is required by any other section.
BATTERY-POWERED SINGLE STATION SMOKE DETECTORS
Those detectors which are approved, listed and labeled by a nationally recognized agency, installed and maintained in accordance with provisions of NFPA 70, 72E and 74, as amended.
CHIEF OF THE BUREAU OF FIRE PREVENTION/FIRE CODE OFFICIAL
The Fire Marshal of the Township of Cheltenham.
CHILD DAY-CARE CENTER
Any facility in which care is provided for seven or more children, but fewer than 12 children, at any one time, including relatives of the caregiver(s).
CORPORATION COUNSEL
The Solicitor of the Township of Cheltenham.
DAY-CARE CENTER
The provision of day care to any number of children in any facility or structure other than one used in or at the family residence of the day-care provider.
DWELLING
A building designed and intended to be occupied by one or more families living independently of each other upon the premises.
DWELLING, SINGLE-FAMILY
A building designed for and occupied as a residence for one family.
FAMILY DAY-CARE HOME
A private residence in which care is provided on site for up to six children under the age of 16, including children and relatives of the day-care provider. Children and relatives of the day-care provider will not be counted if over the age of 11.
FIRE PROTECTION SYSTEMS
Those systems and devices used for extinguishing fires and controlling temperatures or other conditions dangerous to life or property, to include but not be limited to carbon dioxide systems, dry chemical systems, foam systems and halon systems.
GROUP HABITATION
Hotels, motels, dormitories, lodging houses, orphanages, children's residential institutions, larger personal care homes, group homes, community residential facilities, group foster homes, nursery schools, day-care centers, child day-care centers and health-care institutions.
HEALTH-CARE INSTITUTIONS
Uses that provide sleeping facilities for persons who are mostly incapable of self preservation because of physical or mental illness or disease, or persons convalescing from physical or mental illness or disease, such as but not limited to hospitals, sanatoriums, nursing homes, convalescent homes and rest homes.
HEAT DETECTOR
A device which detects abnormally high temperature rate of temperature rise, powered by and interconnected to the building automatic fire alarm system.
MULTIPLE DWELLING BUILDING
Apartment or residential condominium building with four or more dwelling units.
MUNICIPALITY
The Township of Cheltenham.
STANDBY POWER SYSTEMS
An alternate source of electricity, hard wired and powered by AC current with standby backup battery or other approved means of startup power.
SUBSTANTIALLY ALTERED BUILDING
All existing buildings except single-family detached dwellings and multiple-family dwellings when substantially damaged and reconstructed or to which a substantial addition or alteration is made. For the purposes of this subsection, a building shall be considered any freestanding building as well as any portion of a building separated from the remaining portions of the building by a fire wall or walls. A substantial reconstruction, addition or alteration shall be considered one which involves or increases the building's gross floor area by greater than 33% or 5,000 square feet. This shall apply to the supporting or structural members of a building or structure, such as bearing walls, bearing columns, bearing beams or bearing girders, provided that alterations or reconstruction shall not include, inter alia, repairs to roof, walls or interior; exterior or interior painting or redecorating; elimination, relocating or construction of new partitions within an existing building; air conditioning; repairs or replacement of heating equipment or systems; modernizing of kitchens or bathrooms; and installations or replacement of kitchen or bathroom equipment.
SUBSTANTIALLY ALTERED DWELLING
For the purposes of requiring the retrofitting of AC-powered smoke detector, any structural alteration in or addition to the supporting or structural members of a building or structure, such as bearing walls, bearing columns, bearing beams or bearing girders, whereby the square footage of the building or structure is increased by more than 15% or the cost thereof is in excess of $25,000. This does not include, inter alia, repairs to roof, walls or interior; exterior or interior painting or redecorating; elimination, relocating or construction of new partitions within an existing building; air conditioning; repairs or replacement of heating equipment or systems; modernizing of kitchens or bathrooms; and installation or replacement of kitchen or bathroom equipment.
SUPERVISION
The service required to continually monitor the performance and operative condition of sprinkler and automatic fire alarm systems.
(7) 
Chapter 9, "Fire Protection Systems," Section 903 "Automatic Sprinkler Systems," Subsections 903.2, Group A-1, Group A-2, Group A-3, Group A-4, Group A-5, Group E, Group F-1; 903.2.3.1, "Woodworking Operations;" 903.2.6, Group M; 903.2.8, Group S-1; 903.2.8.1, "Repair Garages;" 903.2.8.2, "Bulk Storage of Tires;" 903.2.9 Group S-2, Exception; 903.2.9.1 "Commercial Parking Garages;" 903.2.10 "All occupancies except Group R-3;” 903.2.10.1 "Stories and basements without openings;” and Exceptions to 903.2.10.3 "Buildings more than 55 feet in height" shall be deleted in their entirety and new Subsections 903.7 and 903.8 shall be added as follows:
903.7 Automatic sprinkler systems:
(a)
Shall be installed and maintained in all new buildings, except single-family detached dwellings and multiple-family dwellings having three or fewer living units, to include all combustible concealed spaces and attached garages.
(b)
Shall not be installed or maintained in the following occupancies:
[1]
Rooms or structures used for the manufacture, sale, storage or processing of aluminum powder, calcium carbide, calcium phosphide, metallic sodium, potassium quicklime, magnesium powder or chips, sodium peroxide or like substances to which the application of water will cause or increase the fire hazard; or
[2]
Any other location where the installation of sprinkler equipment may, in the opinion of an approved rating bureau and/or the Fire Marshal, increase the hazard to life or property.
(c)
Shall be installed and maintained where presently installed in any currently existing building other than single-family detached dwellings.
(d)
Shall be installed and maintained in all existing buildings, except single-family detached dwellings and multiple-family dwellings, when substantially damaged and reconstructed or to which a substantial addition or alteration is made.
(e)
Shall be installed and maintained in all existing buildings where there is a change in occupancy classification and use except to single-family dwelling.
903.8 All buildings with automatic sprinkler systems, except single-family dwellings, shall be inspected and certified as to proper working condition annually by a certified sprinkler company and the written report of said certification forwarded to the Township Fire Marshal within 30 days of the inspection.
(8) 
Chapter 9, "Fire Protection Systems," Section 907, "Fire Alarm and Detection Systems," shall be amended by adding the following:
907.21 Fire protection systems shall be installed and maintained in the following occupancies where the installation of sprinkler equipment may, in the opinion of an approved rating bureau and/or the Fire Marshal, increase the hazard to life or property, to include but not limited to:
(1)
Rooms or structures used for the manufacture, sale, storage or processing of aluminum powder, calcium carbide, calcium phosphide, metallic sodium, potassium quicklime, magnesium powder or chips, sodium peroxide or like substances to which the application of water will cause or increase the fire hazard; or
(2)
Any other location where the installation of sprinkler equipment may, in the opinion of an approved rating bureau and/or the Fire Marshal, increase the hazard to life or property.
907.22 AC-powered smoke detectors.
(1)
AC-powered smoke detectors shall be installed or maintained in the following occupancies:
(a)
All newly constructed single-family dwellings.
(b)
All newly constructed multiple dwelling buildings, health-care institutions or buildings used for group habitation.
(c)
Any existing single-family dwelling when it is substantially altered.
(d)
Common areas of all buildings used in part or whole as multiple dwellings.
(e)
All areas of all existing buildings, single- and multiple-family homes, used in part or whole as group habitation, health care and family day-care homes.
(2)
Dormitory sleeping rooms may be a single station installation.
907.23 Automatic fire alarm systems shall be installed and maintained, complete with a standby power system, in all new and existing buildings used in whole or in part for group habitation and/or multiple dwelling purposes and health-care facilities.
907.24 Battery-powered single station smoke detectors.
(1)
Battery-powered single station smoke detectors shall be installed or maintained in all existing structures used as single-family dwellings when the dwelling is sold. The seller of the property shall be required to execute an affidavit stating that the property has been brought into compliance with this section and shall present this affidavit to the Township when the seller completes the application for zoning and use certification required when property within the Township is sold.
(a)
Smoke detectors shall be of a type which is approved, listed and labeled by a nationally recognized agency, installed and maintained in accordance with the provisions of NFPA 70, 72E and 74.
(b)
All property owners and associations of property owners shall comply with the provisions of this article for all single-family detached dwellings sold after December 31, 1987.
(2)
In all existing multiple-family dwellings where a multiple-family dwelling unit is held in the condominium form of ownership, it shall be the responsibility of the condominium owner to install and maintain the smoke detector(s), and when the property is sold, the seller of the condominium shall be required to execute an affidavit stating that the property has been brought into compliance with this section and shall present this affidavit to the Township when the seller completes the application for zoning and use ; certification required when property within the Township is sold.
(3)
Battery-powered single station smoke detectors shall be installed or maintained in any dwelling unit used in combination with a commercial occupancy whereby the common areas are protected by an AC-powered smoke detector system.
907.25 Heat detectors.
(1)
A minimum of one heat detector, interconnected to the building automatic fire alarm system, shall be installed in every dwelling unit of all multiple-dwelling buildings.
(2)
In dormitories, a heat detector shall be installed in each sleeping area and interconnected to the building automatic fire alarm system.
907.26 General regulations.
(1)
Mixed occupancy. Structures with more than one occupancy class shall be considered mixed occupancy and must comply with the most restrictive occupancy requirements.
(2)
Compliance requirements. Compliance with these regulations as they affect existing structures is required prior to May 19, 1989, with the exception of the requirement for heat detectors in multiple-family dwelling buildings, compliance with which is required prior to May 19, 1991.
(3)
Location. Smoke detectors must be located in each sleeping area, except in apartments or condominium units, where they may be located in close proximity thereto.
(4)
Supervision. All sprinkler, AC-powered smoke detectors, fire protection systems and automatic fire alarm systems shall be supervised. In buildings which are used in whole or in part for group habitation, health care or multiple-family occupancy, supervision shall be by means of an approved central station or municipal alarm center and automatically notify the Fire Department of a fire alarm.
(5)
Emergency exit signs. Wherever applicable codes require exit signs above exit doors on all new construction, this requirement shall include placement of approved signs six to eight inches from floor level to the left and right of the exit.
(6)
Recall elevators. All elevators in newly constructed buildings shall be equipped with recall and/or capture provisions and fire service and shall be connected to the building fire protection systems.
(7)
Door locks. Exit doors on fire towers, including doors at roof level, may be locked from the stairway side of the door if the following conditions are met:
(a)
The door is held in the locked position by an electrically energized fail-safe latch.
(b)
The electrically energized latch shall be interconnected with the building fire alarm system and/or automatic sprinkler system which, when activated, shall automatically release the power from the latches, thereby unlocking all doors.
(c)
Electrical power to energize fail-safe latches shall be supplied by a separate circuit without interconnection with exit signs or any other devices. The emergency electrical power in the building shall not be supplied to fail-safe latches.
(d)
A safety shall be provided in a location designated by the Fire Marshal which shall cut the power to the fail-safe latches when manually operated.
(8)
Elevator lobbies.
(a)
Each floor of an elevator-equipped building shall display a sign, at least four by four inches in size, above the call buttons, which shall read as follows: "In the event of a fire, do not use the elevators. Use closest stairway."
(b)
Each lobby area shall display a drawing or diagram indicating the lobby location together with the means and location of fire exits approved by the Fire Marshal.
(9)
Approved plans. Prior to installation, revision, addition or alteration of an approved automatic fire alarm system, automatic sprinkler system or fire protection system, the owner shall submit detailed plans to the Township Fire Marshal for review.
(10)
Interior finish requirements. Interior finish requirements for buildings may be reduced by one class when the building is totally protected by an automatic sprinkler system.
(11)
Condominiums. If dwelling units are held by the condominium form of ownership, each unit owner shall be responsible for the installation of smoke detectors in his or her unit. The condominium unit owners' association shall be responsible for installation and maintenance of required automatic fire alarms in common areas.
(12)
Equivalent equipment shall be permitted with the approval of the Fire Marshal, State and Rating Bureau.
(13)
Interconnection. All sprinkler and automatic fire alarm systems shall be interconnected to all elevators, automatic door locks and protective signaling equipment.
(14)
Marking of fire towers. All fire towers shall be permanently marked with numbers or letters not less than six inches tall and a stroke of not less than three-fourths inch on the fire tower door as to the floor and, when applicable, ground level exit.
(15)
Building identification. All commercial and multiple-family occupancy buildings are required to display the numeric street address and English name of the establishment in numbers of not less than six inches tall with a stroke of not less than three-fourths inch, at both the front and rear of the building. In buildings with internal service corridors, all doors in the corridor shall be marked with the store name or description of the use of the area serviced by the door.
(9) 
Chapter 34, "Flammable and Combustible Liquids," Section 3404, "Storage," shall be amended by adding a new subsection 3404.5 as follows:
3404.5 Residential Storage of Flammable Liquids.
§ 3404.5.1. Unlawful acts.
1.
It shall be unlawful for any person(s) to store more than 20 gallons of diesel fuel, kerosene and/or gasoline upon a residential property, of which no more than 10 gallons may be stored outside a dwelling or building at any one time.
2.
It shall be unlawful for any person(s) to deliver diesel fuel, kerosene and/or gasoline to a residential property, dwelling or building in excess of 20 gallons and in containers in excess of five gallons.
3.
It shall be unlawful for any person(s) to store diesel fuel, kerosene and/or gasoline upon a residential property in containers of greater than five gallons.
§ 3404.5.2. Applicability. This article shall not apply when diesel fuel, kerosene and/or gasoline are used to supply a permanent approved heating system storage tank or approved underground fuel storage tank.
§ 3404.5.3. Violations and penalties. Any person(s) who shall violate the provisions of this article shall be guilty of a summary offense and subject to a fine of not more than $1,000, together with the costs of prosecution.
(10) 
Chapter 6, "Building Services and Systems," Section 603, "Fuel-Fired Appliances," shall be amended by adding a new subsection 603.10 as follows:
603.10 Portable Heating Devices.
§ 603.10.1. Definitions.
Whenever the following words are used in this article, they shall have the respective meanings as follows:
COMBUSTIBLE LIQUID -- A liquid with a flash point at or above 100° F. to include Class II and Class III liquids, such as but not limited to heating fuel and kerosene.
FLAMMABLE GAS -- A gas which is customarily used for burning with air to produce heat, including but not limited to liquefied petroleum gas, natural gas, propane and butane.
FLAMMABLE LIQUID -- A liquid with a flash point below 100° F. to include Class I liquids, such as but not limited to gasoline, alcohol and turpentine.
FLASH POINT OF A LIQUID -- The temperature at which the liquid gives off vapor sufficient to form an ignitable mixture with the air.
§ 603.10.2. Restrictions on use.
1.
The use of portable, unvented, heating devices which incorporate the use of an open flame and flammable gas is prohibited in all dwellings and buildings.
2.
The use of portable, unvented, heating devices which incorporate the use of an open flame and are fueled by Class I, II or III flammable or combustible liquid is prohibited in all buildings with the following occupancy classifications:
(A)
Assembly, where the primary and intended use of any building or structure is for the purpose of assembly of persons for association, amusement, entertainment, education, instruction, worship, recreation, sports, transportation, military drilling, dining or similar purposes with admission either public or restricted.
(B)
Educational, where the primary and intended use of any building or structure or any part thereof is for the purpose of education, instruction or recreation, including auditoriums and gymnasiums.
(C)
Group habitation in the following two classes:
(i)
Buildings or structures where the occupants are under restraint or are physically or mentally handicapped or are partially or completely disabled; hospitals, sanatoriums, nursing, convalescent or rest homes, boarding homes for the aged, orphanages, jails, reformatories and houses of correction shall be included in this classification.
(ii)
The following buildings or structures where the occupants are not under restraint or limitation: hotels, apartments, apartment hotels, multiple dwellings (three or more families), dormitories, convents, monasteries, lodging houses, group homes and all habitable buildings, the construction and use of which is regulated by the Pennsylvania Department of Labor and Industry.
(D)
Working stage shall be a permanent stage, in connection with any occupancy, and which is used for theatrical, musical and like performances.
§ 603.10.3. Conditions for use.
The use of portable heating devices which are unvented and incorporate the use of an open flame and are fueled by a Class I, II or III flammable or combustible liquid is permitted in buildings or structures where the primary use and intended use is for commercial, industrial, office or storage, provided that the protection required by this article is complied with as follows:
A.
The heating unit shall meet all of the applicable standards promulgated by the National Fire Protection Association and must also be approved by and bear the label of Underwriters' Laboratories.
B.
The unit may be used only when the area of use is occupied by a person capable of properly operating said unit under normal and emergency conditions.
C.
The unit shall be surrounded by a one-half-inch square wire mesh frame so as to prevent persons from coming into contact with it, to include top and sides.
D.
The unit shall have a minimum six-inch clearance between it and the wire mesh protection screen.
E.
A minimum clearance of 36 inches shall be maintained from all flammable or combustible materials.
F.
The unit may not be used in areas or structures where hazardous or highly flammable materials are manufactured or stored.
G.
Proper ventilation must be provided.
H.
The unit must be refueled outside of the building or structure.
I.
The unit must be equipped with an automatic shutoff device.
J.
The unit must be equipped with a self contained integral ignition device.
K.
The unit must be constructed with a low center of gravity and minimum tipping angle of 33° from the vertical with an empty reservoir.
L.
The unit is to be used only for the purpose designed for and so stated by the manufacturer.
M.
The unit shall not limit or restrict any exit.
N.
All containers used for indoor storage of fuel shall be of metal construction with a positive screw-type spout, shall be an approved safety can under UL regulations or Commonwealth of Pennsylvania State Fire Marshal Regulations, with a maximum size of five gallons (United States). The container shall be labeled as to its contents with two-inch-high letters. A maximum of five gallons may be stored within a building subject to the regulations contained herein. Storage of fuel must be at least 10 feet distant from any permanent heating unit, boiler, furnace or wood stove or the portable heating unit. The storage container must be deemed not to be a hazard by the Cheltenham Township Fire Marshal. Under no circumstances may fuel be stored in a hallway or means of ingress or egress or a room without adequate ventilation.
O.
Storage of fuel outside of the building or structure shall be limited to 10 gallons (United States) when properly vented, secure from tampering, at least 10 feet from any source of ignition and not in conflict with any other provision of this article or section of Article III, Fire Prevention Code.
P.
Use of said units will not be permitted in a building or structure where any other adjoining part of said building or structure prohibits its use under this article.
§ 603.10.4. Violations and penalties.
Any person, partnership or corporation who or which shall violate the provisions of this article shall be, upon conviction thereof in a summary proceeding, sentenced to pay a fine of not more than $1,000, such fine to be collected in the manner prescribed by law.
(11) 
Chapter 4, "Emergency Planning and Preparedness," shall be amended to include a new Section 409 as follows:
Section 409 Recovery of Costs for Abatement of Hazardous Substances.
§ 409.1. Definitions and word usage.
A.
Word usage. The singular number includes the plural, and the plural includes the singular. The masculine gender includes the feminine.
B.
Terms defined. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this article to have the meanings indicated in this section:
ABATE or ABATEMENT -- The removal and disposal of hazardous substances in accordance with applicable federal, state or local laws or regulations in such a way as to prevent damage or injury to persons, property or the environment or to endanger the public health, safety and welfare, and shall include but not be limited to the actions necessary to monitor, assess and evaluate such danger or damage.
DEPOSIT -- Any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping or disposing.
HAZARDOUS SUBSTANCE -- Any solid, liquid or gas which is combustible, flammable, corrosive, poisonous, toxic, radioactive, oxidizing, unstable (reactive) or an explosive substance and includes all the substances listed as "hazardous substances" by the Pennsylvania Department of Environmental Protection and Energy, the Pennsylvania Department of Labor and Industry, the United States Protection Agency and the United States Coast Guard.
PERSON -- Any individual, firm, corporation, association, partnership, joint venture or other private or commercial entity.
§ 409.2. Declaration of nuisance; abatement by owner. Hazardous substances deposited upon public roadways, public lands or private property within the Township shall be deemed a public nuisance and shall be abated immediately by the person responsible for the deposit of said hazardous substances or, if upon private property, by the owner of such property.
§ 409.3. Notice. Except in the case of an emergency or imminent danger to the public health, safety or welfare, the Fire Marshal or authorized designate shall serve notice upon the person responsible for the public nuisance or, if such person is unknown, then the owner of the property upon which the nuisance exists. The notice shall sufficiently describe the condition found and shall require the nuisance to be abated within 10 days of the mailing of the notice. If the owner cannot be located, it shall be sufficient to forward notice to the last known address and to post a copy of such notice at the site of the nuisance.
§ 409.4. Abatement by the Township costs. Should any person responsible for the creation of a nuisance or an owner fail, after receiving notice, to abate such condition to the satisfaction of the Fire Marshal or if the Fire Marshal shall determine that the hazardous substances pose an immediate threat to the public health, safety and welfare, the Township shall act to abate said public nuisance. Any cost of abatement by the Township shall be paid by the person who deposited the hazardous substance or by the owner of the property affected. A municipal claim may be filed against the property benefited and such costs collected as provided by law.
§ 409.5. Fees. All costs incurred by the Township for hazardous substance cleanup shall be paid by the person responsible for causing the deposit of the substance or by the owner of the property affected. In addition, a fee to be set forth from time to time by resolution of the Board of Commissioners shall be paid to the Township for any response to an incident which requires the services of the Township Hazardous Materials Response Team. In the case where the responsible person is a nonresident, legal action will be taken if payment for costs is not made within 30 days of the request for payment.
[Added 12-16-2008 by Ord. No. 2170-08]
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this chapter and Code shall be as established by resolution of the Board of Commissioners from time to time.
[Added 12-16-2008 by Ord. No. 2170-08]
In addition to any other penalty or fee in lieu of penalty provided for in the other ordinances of the Township, any person or entity which shall commence work prior to obtaining approved permits required by this chapter shall pay a permit fee that is twice that which is provided for by this chapter.
[Added 12-16-2008 by Ord. No. 2170-08]
In addition to any permit fee amount established under this chapter, the applicant for any permit shall be obligated to remit to the Township at the time of issuance of the building permit the amount of any building permit fee surcharge or other amount, however denominated, imposed on the Township from time to time, by the Commonwealth of Pennsylvania in connection with the administration of the Pennsylvania Uniform Construction Code.