Except as specified in §
43-5 of this chapter, Chapter
43 of the Code of the Borough of West Chester titled, "Building Construction," is hereby repealed and deleted in its entirety and replaced with the provisions adopted herein.
The following sections of the IBC 2003 are hereby
amended and revised as follows:
A. Section 101.1 is amended by the insertion of "the
Borough of West Chester" in the [NAME OF JURISDICTION] blank.
B. Section 108.2 is amended to read as follows:
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"Section 108.2 Schedule of permit fees. The Borough Council shall, by resolution, adopt a schedule of fees
which shall be kept on file by the Borough Secretary and shall be
reviewed and revised as necessary by the Borough Council."
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C. Section 112, Board of Appeals, shall be amended to
read as follows:
[Amended 8-15-2012 by Ord. No. 15-2012; 9-16-2015 by Ord. No. 13-2015]
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"Section 112 Board of Appeals. The
Borough, along with five other municipalities in Chester County, is
a member of the West Chester Area Council of Governments (WCACOG)
pursuant to an intergovernmental cooperation agreement to create the
West Chester Area Council of Governments dated the 1st day of April,
2003. The WCACOG has formed a Board of Appeals for the members in
the WCACOG, which Board shall hear and decide appeals of orders, decisions
or determinations made by the respective municipalities' building
official relative to the application and interpretation of the municipalities'
building code and all other related codes that are referenced in Chapter
35 of the IBC 2003. The Board of Appeals shall be appointed by the
WCACOG and shall be governed by rules and regulations adopted by the
WCACOG pursuant to the agreement. The Board of Appeals shall adopt
rules of procedure for conducting its business."
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D. Section 113.4 "Violation penalties" is amended to
read as follows:
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"Section 113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect,
construct, alter or repair a building or structure in violation of
an approved plan or directive of the Codes Enforcement Officer or
of a permit or use and occupancy permit issued under the provisions
of this code shall be guilty of a summary offense, punishable by a
fine of not less than $100 nor more than $1,000 per day, plus costs
and attorney's fees, and, upon default of the payment of the fine
and costs, imprisonment not exceeding 30 days. Each day that a violation
continues shall be deemed a separate offense."
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E. Section 1612.3 is amended by the insertion of "Borough
of West Chester" in the [NAME OF JURISDICTION] and "October 6, 1988"
in the [DATE OF ISSUANCE] blanks.
F. Section 3410.2 is amended by the insertion of "June
13, 1973" in the [DATE TO BE INSERTED BY THE JURISDICTION] blank.
Section 403.102(l)(8) of the regulations allows
a municipality to revise certain provisions in the regulations regarding
the administration and enforcement of the Act. Pursuant to such authority,
the Borough elects to make the following revisions to the regulations:
A. The exemption in Section 403.62(c)(1)(xvii) of the
regulations shall be deleted. The Borough shall require a building
permit for the installation of an uncovered deck regardless of the
height of the floor of the deck.
B. The exemption in Section 403.62(c)(1)(x) shall be
deleted, except that for properties located in the Historic District
Overlay, the installation and replacement of windows shall require
a building permit.
Pursuant to Act 13 of 2004, which was enacted
on February 19, 2004, which amended certain provisions in the Act,
municipalities may elect to require a more stringent standard for
stairway treads and risers than the standard which is provided in
Section 1 of Act 13, provided that such standard was in effect prior
to July 1, 1999. Pursuant to such authority, the Borough elects to
adopt the following standards for stairway tread and risers, which
standards were first enacted on May 10, 1989 in Ordinance No. 11-1989:
A. Riser height. The maximum riser height shall be 7 3/4
inches (196 mm). The riser shall be measured vertically between leading
edges of the adjacent treads. The greatest riser height within any
flight of stairs shall not exceed the smallest by more than 3/8 inch
(9.5mm).
B. Tread depth. The minimum tread depth shall be 10 inches
(254 mm). The tread depth shall be measured horizontally between the
vertical planes of the foremost projection of adjacent treads and
at a right angle to the tread's leading edge. The greatest tread depth
within any flight of stairs shall not exceed the smallest by more
than 3/8 inch (9.5 mm). Winder treads shall have a minimum tread depth
of 10 inches (254 mm) measured as above at a point 12 inches (305
mm) from the side where the treads are narrower. Winder treads shall
have a minimum tread depth of six inches (152 mm) at any point. Within
any flight of stairs, the greatest winder tread depth at the twelve-inch
(305 mm) walk line shall not exceed the smallest by more than 3/8
inch (9.5mm).
C. Profile.
(1) The radius of curvature at the leading edge of the
tread shall be no greater than 9/16 inch (14.3 mm). A nosing not less
than 3/4 inch (19mm) but not more than 1 1/4 inch (32 mm) shall
be provided on stairways with solid risers. The greatest nosing projection
shall not exceed the smallest nosing projection by more than 3/8 inch
(9.5 mm) between two stories, including the nosing at the level of
floors and landings. Beveling of nosing shall not exceed 1/2 inch
(12.7 mm). Risers shall be vertical or sloped from the underside of
the leading edge of the tread above at an angle not more than 30 (0.51
rad) degrees from the vertical. Open risers are permitted, provided
that the opening between treads does not permit the passage of a four-inch
diameter (102 mm) sphere.
(2) Exceptions:
(a) A nosing is not required where the tread depth is
a minimum of 11 inches (279 mm).
(b) The opening between adjacent treads is not limited
on stairs with a total rise of 30 inches (762 mm) or less.
Except for appeals which shall be heard and
adjudicated by the WCACOG Board of Appeals, the building code shall
be administered and enforced by the Department of Building, Housing
and Codes Enforcement.
Pursuant to Section 104(d)(1) of the Act, the
Borough may keep in full force and effect any provisions of the Borough's
existing building code which were in effect on or before July 1, 1999,
or reenactments of simultaneously repealed ordinances which were originally
adopted before July 1, 1999, provided that such provisions meet or
exceed the Act. Under such authority, the Borough intends to keep
in full force and effect the following provisions of its existing
building code, which provisions meets or exceeds the standards in
the Act:
A. Section [F]907.2.9. of the IBC 2003 shall be deleted
in its entirety and replaced with the following.
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"[F]907.2.9 Group R-2. All new
and existing Group R-2 occupancies shall be protected with a manual
and automatic fire alarm system."
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B. Section [F]907.2.10.1.2 of the IBC 2003 shall be deleted
in its entirety and replaced with the following:
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"[F]907.2.10.1.2 All new and existing
Groups R-2, R-3, R-4 and I-1 occupancies. Single- or multiple-station
smoke alarms shall be installed and maintained in all new and existing
Groups R-2, R-3, R-4 and I-1 occupancies regardless of occupant load
at all of the following locations:
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1.
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On the ceiling or wall outside of each separate
sleeping area in the immediate vicinity of bedrooms.
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2.
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In each room used for sleeping purposes.
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3.
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In each story within a dwelling unit, including
basements but not including crawl spaces and uninhabitable attics.
In dwellings or dwelling units with split levels and without an intervening
door between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level, provided that the
lower level is less than one full story below the upper level."
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C. The Borough shall keep in full force and effect the
following requirements in its building code which provisions were
in effect as of July 1, 1999:
[Added 10-20-2004 by Ord. No. 23-2004]
(1) All repairs and alterations to residential buildings
shall comply with the Borough's building code adopted on April 21,
2004, and any successor code adopted by the Borough pursuant to Act
45 of 1999.
(2) Construction, alteration, enlargement, replacement,
repair, removal and demolition of utility and miscellaneous use structures
which are greater than 500 square feet in area shall comply with the
Borough's building code adopted on April 21, 2004, and any successor
code adopted by the Borough pursuant to Act 45 of 1999.