[HISTORY: Adopted by the Board of Supervisors of the Township of
Chestnuthill as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-2-2003 by Ord. No. 2003-05[1]]
[1]
Editor's Note: The effective date of this ordinance was revised 8-3-2004
by Ord. No. 2004-02 to conform to Department of Labor and Industry requirements.
Chestnuthill Township hereby adopts the 2000 edition of the International
Residential Code, known as the "IRC"; the International Building Code, known
as the "IBC"; and the International Fuel Gas Code, of which not less than
three copies are on file in the Township office, and the same are adopted
and incorporated herein as if they were set forth herein at length. From the
date upon which this article shall take effect, the provisions thereof shall
be controlling in the fabrication, erection, construction, reconstruction,
enlargement, alteration, addition to, repair, location and use of all buildings,
structures and their appurtenances within the corporate limits of Chestnuthill
Township. In the event that any revision of the International Residential
Code is hereafter issued by the body or bodies that issued the IRC, and International
Building Code, IBC, such revision or revisions shall be deemed to be automatically
adopted by Chestnuthill Township pursuant to this article.
The purpose of this article is to provide minimum standards for the
protection of life, limb, health, property, environment and for the safety
and welfare of the consumer, general public, and the owners and occupants
of all buildings and structures regulated by this article.
The provisions of the IRC apply to the construction, addition, prefabrication,
alteration, repair, use, occupancy and maintenance of detached one- and two-family
dwellings and one-family townhouses of not more than three stories in height
and their accessory structures. The IBC will apply to all other buildings
and structures. Compliance with the requirements of these codes may be considered
as prima facie evidence of compliance with the locally adopted code. Inspection
of construction governed by those sections, when warranted by the scope of
the work to be performed, shall be performed by licensed architects, engineers
or certified inspectors, approved by the Township, but whose fees will be
paid by the applicant. Applicants may, at their option, seek independent inspection
by others relative to these standards at their expense, provided the respective
code requirements on alternative inspections are met.
A.
General.
(1)
The office of Building Official is hereby created and
the executive official in charge shall be known as the "Building Official."
(2)
The Building Official shall be appointed by the Supervisors
of the Township and shall serve at the pleasure of the Supervisors.
(3)
During temporary absence or disability of the Building
Official, the appointing authority shall designate an Acting Building Official.
The Building Official is hereby authorized and directed to administer and
enforce all of the provisions of this article.
(4)
The Township reserves the right to appoint a qualified
licensed inspection agency or firm to perform the duties of the Building Official
and to administer and enforce this article by any means authorized by the
Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq.,
as amended.
B.
Referenced standards. The standards referenced in this
article and listed in Chapter 43 of the IRC are incorporated by reference
and shall be considered part of the requirements of this article to the prescribed
extent of each such reference. Where differences occur between provisions
of this article and referenced standards, the provisions of this article shall
apply.
C.
Qualifications of Building Official. Qualifications for
the Building Official shall be established by the Township Supervisors by
resolution.
D.
Duties of Building Official.
(1)
The Building Official shall receive applications required
by this article, issue permits and furnish the prescribed certificates. The
Building Official shall examine premises for which permits have been issued
and shall make necessary inspections to see that the provisions of law are
complied with and that construction is prosecuted safely. He/she shall enforce
all provisions of the building code. The Building Official shall, when requested
by proper authority, or when the public interest so requires, make investigations
in connection with matters referred to in the building code and render written
reports on same. To enforce compliance with the law, to remove illegal or
unsafe conditions, to secure the necessary safeguards during construction,
or to require adequate exit facilities in buildings and structures. The Building
Official shall issue such notices or orders as may be necessary.
(2)
Inspections required under the provision of the building
code shall be made by the Building Official or his/her duly appointed assistant.
The Building Official may accept reports of inspectors of recognized inspection
services, after investigation of their qualifications and reliability. No
certificate called for by any provision of the building code shall be issued
on such reports unless the same are in writing and certified to by a responsible
officer of such service.
(3)
The Building Official shall keep comprehensive records
of applications, of permits issued, of certificates issued, of inspections
made, of reports rendered, and of notices or orders issued. He/she shall retain
on file copies of required plans and all documents relating to building work
so long as any part of the building or structure to which they relate may
be in existence.
(4)
All such records shall be open to public inspection for
good and sufficient reasons at the stated office hours, but shall not be removed
from the office of the Building Official without the Building Official's written
consent.
(5)
The Building Official shall make written reports to his/her
immediate superior once each month, or more often if requested, including
statements of permits and certificates issued, and orders promulgated.
E.
Cooperation of other officials. The Building Official
may request and shall receive, so far as may be necessary, in the discharge
of his/her duties, the assistance and cooperation of other officials of the
municipality.
Upon presentation of proper credentials, the Building Official or his/her
duly authorized representatives may enter at reasonable times any building,
structure or premises in the jurisdiction to perform any duty imposed upon
him/her by this article. If a landowner, resident or any other person denies
or obstructs the Building Official in the performance of his/her duties, then,
in addition to other penalties and remedies set forth in this article, the
person, firm or corporation so responsible must reimburse the Township all
costs, reasonable attorney fees and other out-of-pocket expenses incurred
by the Township in obtaining a civil discovery order pursuant to the Pennsylvania
Rules of Civil Procedure.
A.
Unlawful action. It shall be unlawful for any person,
firm or corporation, whether as owner, lessee, sublessee or occupant, to erect,
construct, enlarge, alter, repair, improve, remove, convert, demolish, equip,
use, occupy or maintain any building and its accessory structures in the jurisdiction,
or cause or permit the same to be done, contrary to or in violation of the
provisions of this article.
B.
Violations. It is hereby declared that any violation
of this article constitutes a public nuisance, and, in addition to any other
remedies provided by this article for its enforcement, the Township may bring
civil suit to enjoin the violation of any of the provisions of this article.
C.
Partial invalidity. If for any reason any one or more
sections, sentences, clauses or parts of this article are held invalid, such
judgment shall not affect, impair or invalidate the remaining provisions.
D.
Penalty. Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable by a fine
of not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.[1]
A.
General. In order to hear and decide appeals of orders,
decisions or determinations made by the Building Official relative to the
application and interpretation of this article, there shall be a Building
Hearing Board of Appeals (hereafter "Hearing Board") consisting of members
who are qualified by experience and training to pass upon matters pertaining
to building construction and who are not employees of the jurisdiction. The
jurisdiction of the Hearing Board will be to hear appeals where it is alleged
that the Building Official failed to correctly interpret this article, or
rules legally adopted thereunder; or that the provisions of this article do
not fully apply; or that an equivalent form of construction is to be used.
The Hearing Board shall be appointed by the governing body and shall hold
office at its pleasure. The Board shall adopt rules of procedure for conducting
its business and shall render its decisions and findings in writing to the
appellant with a duplicate copy to the Building Official.
B.
Limitations of authority. The Hearing Board shall have
no authority relative to interpretations of the administrative chapters or
provisions of this article, nor shall the Board be empowered to waive requirements
of this article.
C.
Appointment. There is hereby established a board to be
called the "Building Hearing Board of Appeals," consisting of three members
and one alternate member, preferably residents of the Township, who shall
be appointed by the Board of Supervisors. One member shall be appointed for
a term of one year, one member for a term of two years, and one member for
a term of three years. The alternate member shall be appointed annually. Upon
expiration of the term of office of a member of the Board, his/her successor
shall be appointed for a term of three years. Vacancies shall be filled for
an unexpired term in the manner in which the original appointments are required
to be made.
D.
Removal. Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a majority
vote of the Board of Supervisors taken after the member has received 15 days'
advance notice of the intent to take such a vote. A hearing shall be held
in connection with the vote if the member shall request it in writing.
E.
Organization of Hearing Board. The Hearing Board shall
elect from its own membership it officers, who shall serve annual terms as
such and may succeed themselves. For the conduct of any hearing and the taking
of action, a quorum shall be not less than a majority of all the members of
the Board, but where any members are disqualified to act in a particular matter,
the Hearing Board Secretary will designate the alternate to sit in the place
of the member disqualified. The Board may make, alter and rescind rules and
forms for its procedure, consistent with ordinances of the Township and laws
of the commonwealth. The Board shall keep full public records of its business
and shall submit a report of its activities to the governing body once a year.
F.
Method of appeal and application to Board. Appeals under
this section must be made in writing, accompanied by a check or money order
in the amount to be fixed by resolution, to cover all expenses incurred. In
the event the appellant prevails, the fee deposited shall be refunded to the
appellant.
G.
Time limitations. All appeals from decision of the Building
Official must be filed with the Board no later than 30 days from the date
of the decision appealed. A hearing shall be held within 60 days from the
date of the applicant's request.
H.
Hearing. The Board shall conduct hearings and render
decisions in accordance with the following requirements:
(1)
Notice shall be given to the public by notice published
once each week for two successive weeks in a newspaper of general circulation
in the Township. Such notice shall state the time and place of the hearing
and the nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and not less than seven days from the date
of the hearing.
(2)
Notice shall be given to the appellant or applicant and the Building Official in writing. Said notice shall contain the same information provided in Subsection H(1) above. Notice to the applicant or appellant shall be by certified mail and to the Building Official by regular mail. Both of said notices shall be postmarked at least 14 days before the date of said hearing.
(3)
The parties to the hearing shall be the Township, any
person affected by the application who has made timely appearance of record
before the Board, and any other person, including civic or community organizations,
permitted to appear by the Board. The Board shall have power to require that
all persons who wish to be considered parties enter appearances in writing
on forms provided by the Board for that purpose.
(4)
The Chairman or Acting Chairman of the Board presiding
shall have power to administer oaths and issue subpoenas to compel the attendance
of witnesses and documents.
(5)
The parties shall have the right to be represented by
counsel and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
(7)
The Board shall keep a stenographic record of the proceedings
and a transcript of the proceedings and copies of graphic or written material
received in evidence shall be made available to any party at cost.
(8)
The Board shall not communicate, directly or indirectly,
with any party or his/her representatives in connection with any issue involved
except upon notice and opportunity for all parties to participate; shall not
take notice of any communications, reports, staff memoranda, or other materials
unless the parties are afforded an opportunity to contest the material so
noticed; and shall not inspect the site or its surroundings after the commencement
of hearings with any party or his/her representative unless all parties are
given an opportunity to be present.
(9)
The Board shall render a written decision or, when no
decision is called for, make written findings on the application within 45
days after that last hearing before the Board. Each decision shall be accompanied
by findings of fact and conclusions based on any ordinance, rule or regulation,
shall contain a reference to the provision relied on and the reason why the
conclusion is deemed appropriate in light of the facts found.
(10)
A copy of the final decision or, where no decision is
called for, the findings shall be delivered to the applicant personally or
mailed to him/her not later than the day following its date. To all other
persons who have filed their name and address with the Board not later than
the last day of the hearing, the Board shall provide, by mail or otherwise,
brief notice of the decision or findings and a statement of the place at which
the full decision or findings may be examined.
I.
Appeals from decisions of the Building Hearing Board.
Any person or entity aggrieved by a decision of the Chestnuthill Township
Building Hearing Board may, within 30 days of the issuance of such decision,
file an appeal with the Court of Common Pleas, setting forth the specific
basis of such appeal.
A.
Alternate materials, methods and equipment. The provisions
of this article are not intended to limit the appropriate use of materials,
appliances, equipment or methods of design or construction not specifically
prescribed by this article, provided the Building Official determines that
the proposed alternate materials, appliances, equipment or methods of design
or construction are at least equivalent of that prescribed in this article
in suitability, quality, strength, effectiveness, fire resistance, durability,
dimensional stability, safety and sanitation.
B.
Evidence submitted. The Building Official may require
that evidence or proof be submitted to substantiate any claims that may be
made regarding the proposed alternate. In the event that the Building Official
cannot determine to a degree of reasonable certainty that the alternative
materials proposed for a particular use are comparable as set forth in this
section, the inspector may consult with the Township-appointed professional
or other consultants authorized by the Township to review the proposed alternative.
C.
Tests. Determination of equivalence shall be based on
design or test methods or other such standards approved by the Building Official.
The Building Official may accept as supporting data to assist in this determination
duly authenticated reports from the Building Officials and Code Administrators
International, Inc., Southern Building Code Congress International, Inc.,
International Conference of Building Officials, the National Evaluation Service
Committee of the Council of American Building Officials, acceptance documents
from the U.S. Department of Housing and Urban Development or from other approved
authoritative sources for all materials or assemblies proposed for use which
are not specifically provided for by this article. The costs of all tests,
reports and investigations required under these provisions shall be paid by
the applicant.
When there are practical difficulties involved in carrying out the provisions
of this article, the Building Official may grant modifications for individual
cases. The Building Official shall first find that a special individual reason
makes the strict letter of this article impractical and that the modification
is in conformity with the intent and purpose of this article and that such
modification does not lessen health, life safety and fire safety requirements.
The details of actions granting modifications shall be recorded and entered
in the file of the code enforcement agency.
The Building Official or the Building Official's authorized representative
shall not render him/herself personally liable nor shall his/her actions render
the Township, its elected officials, appointed officials, employees or agents
liable for any damage that may accrue to persons or property as a result of
any act or by reason of any act or omission in the discharge of the Building
Official's duties except as may be provided by applicable state law. Any suit
brought against the Building Official or employees because of such an act
or omission performed in the enforcement of this article shall be defended
by the Township. This article shall not relieve or lessen the responsibility
of an owner, operator or controller of a building for any damages to the person
or property caused by defects, nor shall the building department or its jurisdiction
be held to assume any such liability by reason of inspection or permits authorized
by this article.
It shall be unlawful to construct, add to, alter, remove or demolish,
or to commence the construction, addition, alteration, removal or demolition
of, a building or structure, other than ordinary repairs as defined herein,
without first filing with the Building Official an application in writing
and obtaining a formal permit.
A.
Permit required. A permit shall be obtained before beginning
construction, alteration or repairs, other than ordinary repairs, using application
forms furnished by the Building Official. "Ordinary repairs" are nonstructural
repairs and do not include addition to, alteration of, or replacement or relocation
of water supply, sewer, drainage, drain leader, gas, soil, waste, vent or
similar piping, electrical wiring, or mechanical or other work for which a
permit is required by the Building Official.
B.
Permit fees. All fees payable under this article are
set by the Board of Supervisors and may be revised from time to time by resolution.
C.
Expiration. Every permit issued by the Building Official under the provision of this article shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six months from the issue date of the permit, or if the building or work authorized by such permit is suspended or abandoned for a period of six months or more after the work has commenced. Before such work can be commenced or resumed, a permit extension or renewal as required by Subsection C(2) shall be obtained.
(1)
Permit extension. A permittee holding an unexpired permit
may apply for a one-time six-month extension, provided the permittee can show
good and satisfactory reason(s) beyond the permittee's control that the work
cannot be commenced within the six-month period from the original date of
issue of the permit. No additional fee is required for this one-time extension.
(2)
Permit renewal. A permit which has expired for six months
or less may be renewed provided no changes have been made in the original
plans and specifications for such work. The renewal fee shall be 1/2 the amounts
required for a new permit. Permits which have been expired for greater than
six months require a new application and payment of the full permit fee.
D.
Permit validity. The issuance of a permit shall not authorize
the violation of any of the provisions of this article.
A.
Plans required. All applications shall be accompanied
by two sets of plans drawn to scale and shall be of sufficient clarity to
indicate the nature and extent of the work proposed and shall show in detail
that it will conform to the provisions of this article and all relevant laws,
ordinances, rules and regulations. One copy shall be retained by the Township
and one approved copy shall be returned to the applicant. The Building Official
is authorized to waive the submission of professionally prepared documents
if it is found that the nature of the work applied for is such that a reviewing
of construction documents is not necessary to obtain compliance with this
article.
B.
Plans of job required. A copy of approved plans shall
be kept on the site of the building or work at the time of all inspections
until a certificate of occupancy has been issued.
A.
Types of inspections. For on-site construction, from
time to time the Building Official, upon notification from the permit holder
or his/her agent, shall make or cause to be made any necessary inspections
and shall either approve that portion of the construction as completed or
shall notify the permit holder or his/her agent wherein the same fails to
comply with this article.
(1)
Foundation inspection shall be made after piers are set
or trenches or basement areas are excavated and forms erected and required
reinforcing steel is in place and prior to placing of concrete. The footing
inspection shall include excavations for thickened slabs intended for the
support of bearing walls, partitions, structural supports, or equipment, and
for special requirements for precast concrete or prefab wood foundation.
(2)
Backfill inspection shall be made after foundation walls
are completed.
(a)
Poured concrete walls shall have forms stripped and concrete
block walls shall have cement plastering completed.
(b)
Damp-proofing and/or waterproofing shall be completed
to finish grade.
(c)
Perimeter drains to be installed (drains to run to sump pump
hole if applicable).
(d)
Foundation walls to have proper masonry lintels installed
over openings on load-bearing walls.
(e)
Anchor bolts or straps shall be installed.
(3)
Concrete floor inspections shall be made prior to pouring
the concrete floor.
(4)
Framing inspection shall be made after the floor, walls
and roof framing systems are completed with all fire-stopping, draft-stopping,
headers, beams, sheathing, and bracing in place, and after the plumbing and
electrical rough inspections are approved.
(5)
Rough plumbing inspection shall be made when all water
lines, waste lines, and vent lines are installed in all walls, floors and
ceilings that will be concealed during completion of construction.
(6)
Rough electrical inspection shall be performed prior
to installation of the insulation and evidence of this inspection must be
posted at the construction site.
(7)
Insulation inspection shall be performed after all walls,
ceilings and floors that will be concealed during construction and which require
insulation are completely insulated. All insulation inspections will be performed
in accordance with state-mandated Act 45. A copy of said Act is available
at the Township Building upon request.
B.
The certificate of occupancy inspection will be considered
part of the total permit fee.
C.
Reinspection fees.
(1)
There will be a fee charged for reinspection performed
each time the Building Inspector revisits the job site for each and every
required inspection. The amount of such fee shall be set from time to time
by the Board of Supervisors.
(2)
Reinspection will not be performed until all outstanding
fees are paid.
D.
Certificates of occupancy will not be issued until all
Township fees have been paid.
E.
Model house inspections. A temporary structure used as
a model home associated with a lawful commercial use and not for permanent
occupancy and used solely for demonstration purposes to inform purchasers
of the types of homes available from the seller, including manufactured and
stick-built homes.
(1)
Model homes shall comply with the Chestnuthill Township
building regulations and current IRC, as amended.
(2)
Model homes may include all stick-built homes, and all
manufactured houses which can meet these requirements.
(3)
Model homes shall not be served by any water supply or
sewage disposal facilities.
(4)
Model homes may not be placed on permanent foundations.
(5)
Prior to occupancy must comply with article.
A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site. Placement of prefabricated assemblies at the building site shall be inspected by the Building Official to determine compliance with this article, and a final inspection shall be provided in accordance with § 41-13. [Note: Provisions for foundation systems and building service equipment connection necessary to provide for the installation of new manufactured homes on privately owned (nonrental) lots and existing manufactured homes to which additions, alterations or repairs are made are contained in Appendix E of the 2000 IRC and shall be enforced only when specifically adopted by the jurisdiction.]
Provisions for swimming pools, spas and hot tubs are contained in Appendix
G of the 2000 IRC and are specifically adopted by the jurisdiction.
The permit holder or his/her agent shall post the inspection record
on the job site in an accessible and conspicuous place to allow the Building
Official to make the required entries. The record shall be maintained by the
permit holder until the final inspection has been made and approved. The Building
Official shall place the appropriate approval or disapproval sticker on the
inspection card in the space marked for that inspection.
A.
Continuations of existing use. Buildings and structures
in existence at the time of the adoption of this article may have their existing
use continued if such use was legal at the time of adoption of this article,
provided such continued use is not dangerous to life.
B.
Additions, alterations or repairs.
(1)
Additions, alterations or repairs to any structure shall conform to that required of a new structure without requiring the existing structure to comply with all of the requirements of this article, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. Any building or structure plus new additions shall not exceed the height in stories specified for new buildings in Chapter 119, Zoning.
(2)
Structural and fire-resistance-rated limits. Alterations
or repairs to an existing structure which are structural or adversely affect
any structural member or any part of the structure having a required fire-resistance
rating shall be made with materials required for a new structure.
Upon notice from the Building Official, work on any building, structure,
electrical, gas, mechanical or plumbing system that is being done contrary
to the provisions of this article shall immediately cease. Such notice shall
be in writing and shall be given to the owner of the property, or to his/her
agent, or to the person doing the work, and shall state the specific violations
and the conditions under which work may be resumed. Where an emergency exists,
the Building Official shall not be required to give a written notice prior
to stopping the work.
The Township elects to administer and enforce the Pennsylvania Energy
Conservation Act, as defined in Act 45 and the Energy Conservation Code.
The requirements hereunder may be waived provided proof satisfactory
to the Township is submitted that a binding contract for construction was
entered into prior to the effective date hereunder.
[The Township of Chestnuthill has elected to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 to 7210.1103, as amended from time to time,
and its regulations.]
