Borough of Lansdowne, PA Building Construction

The following sections of Appendix B, titled Board of Appeals, which outlines administrative processes and organization of the Board of Appeals, are hereby incorporated into the appeals provisions of Act 45, Section 403.121, with the following noted amendments, insertions and/or deletions:

B101.1, titled Application, which outlines a twenty-day time limit for an applicant to file an appeal, is hereby incorporated in its entirety.

B101.2, titled Membership of Board, which establishes a five-member appeals board serving five-year terms, is hereby deleted in its entirety and replaced to read as follows:

"The Board of Appeals shall, upon the determination of the Borough Council, consist of either three or five members appointed by resolution by the Council. The terms of office of a three-member Board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member Board shall be five years and shall be so fixed that the term of office of one member of a five-member Board shall expire each year. If a three-member Board is changed to a five-member Board, the members of the existing three-member Board shall continue in office until their term of office would expire under prior law. The governing body shall appoint two additional members to the Board with terms scheduled to expire in accordance with the provisions of this section. The Board shall promptly notify the governing body of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the municipality.

B101.2.1, titled Alternate members, which establishes the Council's ability to appoint two alternate members, is hereby incorporated in its entirety.

B101.2.2, titled Qualifications, which outlines the required credentials and experience of the appeals board, shall be deleted in its entirety and shall be amended to read as follows:

	"To the extent practicable, the members of the Board of Appeals shall be selected from the following professions or disciplines:
	[1]	Registered design professional in Pennsylvania (such as an architect or engineer).
	[2]	General contractor, builder, or superintendent of building construction.
	[3]	Electrical or plumbing contractor with a master electrical or plumbing license, or a mechanical contractor.
	[4]	Historical property specialist with at least 10 years of experience in historical preservation of properties, five years of which shall have been in responsible charge of work.

B101.2.3, titled Rules and procedures, which establishes the ability of the appeals board to establish policies and procedures, is hereby incorporated in its entirety.

B101.2.4, titled Chairperson, which establishes the Board's ability to appoint a Chairperson, is hereby incorporated in its entirety.

B101.2.6, titled Secretary, which establishes the Board's ability to appoint a Secretary, is hereby incorporated in its entirety.

B101.2.7, titled Compensation of members, which establishes the Council's ability to provide compensation for Board members if it so desires, is incorporated in its entirety.

B101.3.1, titled Open hearing, which establishes the hearings to be open to the public, is hereby incorporated in its entirety.

(j)

B101.3.2, titled Procedure, which establishes that rules of procedures be made available to the public, is hereby incorporated in its entirety.

(k)

B101.3.3, titled Postponed hearing, which establishes the right of either the appellant or the appellant's representative to request a postponement of the hearing as a result of the absence of one or more Board members, is hereby incorporated in its entirety.

(l)

B101.4.2, titled Administration, which establishes the requirements for the Building Official to take immediate action in accordance with the decision of the Board, is hereby incorporated in its entirety.

Appendix G, titled Flood Resistant Construction, which aims to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, is hereby adopted in its entirety.

Appendix I, titled Patio Covers, which establishes recommended standards for the construction and installation of patio covers on non-one- and two-family dwellings, is hereby adopted in its entirety.

Appendix J, titled Grading, which establishes the provisions and standards for grading, excavation and earthwork construction, including fills and embankments as they relate to new construction, is hereby adopted in its entirety.

International Residential Code 2003.

Appendix A, titled Sizing and Capacities of Gas Piping, which establishes a recommended standard for determining fuel gas pipe sizes, is hereby adopted in its entirety.

Appendix B, titled Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use and Type B Vents, which establishes a recommended standard for determining vent ducts and vent piping sizes, is hereby adopted in its entirety.

Appendix C, titled Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems, which provides information, explanations, examples to illustrate and clarify the various requirements for the exterior termination of exhaust vents, is hereby adopted in its entirety.

Appendix D, titled Recommended Procedure for Safety Inspection of an Existing Appliance Installation, which establishes a guide to aid in determining that an appliance is properly installed and is in a safe condition for continuing use, is hereby adopted in its entirety.

Appendix F, titled Radon Control Methods, which establishes the requirements for radon-resistant construction for new construction in Lansdowne Borough, is hereby incorporated in its entirety.

Appendix H, titled Patio Covers, which establishes recommended standards for the construction and installation of patio covers on one- and two-family dwellings, is hereby adopted in its entirety.

International Fire Code 2003.

Appendix B, titled Fire-Flow Requirements for Buildings, which establishes a procedure for determining fire-flow requirements for buildings or portions of buildings hereafter constructed, is hereby adopted in its entirety.

Appendix C, titled Fire Hydrant Locations and Distribution, which establishes the number and location of fire hydrants for the protection of buildings, or a portion of buildings, hereafter constructed, is hereby adopted in its entirety.

Appendix D, titled Fire Apparatus Roads, which establishes that facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road, is hereby adopted in its entirety.

Appendix E, titled Hazard Categories, which provides information, explanations and examples to illustrate and clarify the hazard categories contained in Chapter 27 of the International Fire Code, is hereby adopted in its entirety.

Appendix F, titled Hazard Rankings, which establishes levels of hazards to be applied to specific hazard classes as required by NFPA 704 and is referenced throughout the Fire Code, is hereby incorporated in its entirety.

Appendix G, titled Cryogenic Fluids—Weight and Volume Equivalents, which provides a reference chart to convert volumes of cryogenic fluids into volumes of gas, is hereby incorporated in its entirety.

International Plumbing Code 2003.

Appendix B, titled Rates of Rainfall for Various Cities, which establishes the average rate of rainfall for the Philadelphia area, is hereby adopted in its entirety.

Appendix D, titled Degree Days and Design Temperatures, which establishes various average temperatures for the Philadelphia area, is hereby adopted in its entirety.

Appendix E, titled Sizing of Water Piping Systems, which establishes two procedures for sizing a water piping system, is hereby adopted in its entirety.

Appendix F, titled Structural Safety, which establishes a list of structural safety considerations that must be adhered to while running plumbing lines, is hereby adopted in its entirety.

International Mechanical Code 2003. Appendix B of the International Mechanical Code, titled Combustion Air Openings and Chimney Connector Pass-Throughs, which establishes a guide and illustrations showing the proper installation of air intake and exhaust piping through attic, chimney and other concealed spaces, is hereby adopted in its entirety.

International Fuel Gas Code 2003.

Appendix A, titled Sizing and Capacities of Gas Piping, which establishes a recommended standard for determining fuel gas pipe sizes, is hereby adopted in its entirety.

International Existing Building Code 2003.

Appendix A, titled Guidelines for the Seismic Retrofit of Existing Buildings, which establishes a minimum standard for reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings, is hereby adopted in its entirety.

Appendix B, titled Supplementary Accessibility Requirements for Existing Buildings and Facilities, which establishes recommended accessibility standards for existing buildings, is hereby adopted in its entirety.

Resource A, titled Guidelines on Fire Ratings of Archaic Materials and Assemblies, which establishes guidelines to determine the fire-resistance rating of the existing building elements as part of the overall evaluation for the assessment of the need for improvements, is hereby adopted in its entirety.

International Energy Conservation Code 2003. The Appendix of the International Energy Conservation Code, which provides construction details to concepts outlined in the actual code, is hereby adopted.

International Performance Code 2003.

Appendix A, titled Risk Factors of Use and Occupancy Classifications, which establishes classifications of buildings, structures, and portions of buildings and structures by their primary use in order to facilitate design and construction in accordance with other provisions of this code, is hereby adopted in its entirety.

Appendix B, titled Worksheet for Assigning Specific Structures to Performance Groups, which establishes a formula for evaluating the inherent risks and/or hazards associated with a facility, building or portions thereof in order to apply the appropriate code requirements of the ICC Performance Code, is hereby adopted in its entirety.

Appendix C, titled Individually Substantiated Design Method, which establishes a guide for substantiating and approving building designs that are not based on authoritative documents or design guides, is adopted in its entirety.

Appendix D, titled Qualification Characteristics for Design and Review of Performance-Based Designs, which establishes a resource to anyone undertaking a performance-based design or review to assess qualifications of the participants performing the task, is hereby adopted in its entirety.

Appendix E, titled Use of Computer Models, which establishes a guide for allowing the use of computer models for determining a building's compliance with this code, is hereby adopted in its entirety.

Upon adoption by the Commonwealth of Pennsylvania of successor codes, those codes and the appendices corresponding to those listed above, are also hereby adopted.

§ 146-3.1 Administration and enforcement.

Fees assessable for the administration and enforcement undertaken pursuant to this article and the Code shall be established by resolution of the Borough Council from time to time.

Administration and enforcement of the Code within the Borough shall be undertaken in any of the following ways as determined by the governing body of the Borough from time to time by resolution:

By the designation of an employee of the Borough to serve as the municipal code official to act on behalf of the Borough.

By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough.

By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement.

By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Borough.

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.

§ 146-3.2 Existing building code ordinances.

All building code ordinances or portions of ordinances which were adopted by the Borough on or before July 1, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time.

All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provision of this Code.

Without limiting of the reservation of any provision of any ordinances adopted by the Borough on or before July 1, 1999, which equals or exceeds the requirements of the Code as made in Subsection A above, the following language from the Borough of Lansdowne Code, adopted prior to July 1, 1999, is hereby expressly incorporated into this Borough of Lansdowne Building Code:

Language from Ordinance 1105, adopted 3-20-1991, specifying that three sets of plans shall be submitted with all permit applications, shall be incorporated into Sections 403.42.a and 403.62a.

Language from Ordinance 1105, adopted 3-20-1991, specifying that in addition to or in place of citations and fines, "the individual, firm or corporation may also undergo imprisonment for not more than 30 days," shall be incorporated into Section 903 of the Act.

Language from Ordinance 912, adopted 12-19-1972, which reads: "No automatic permanent heating equipment shall be installed without a master switch outside the furnace room or at the nearest entrance to the basement where permanent heating equipment is installed, which shall include electric water pumps, blowers and circulating fans," shall be incorporated into this Borough of Lansdowne Building Code.

Language from Ordinance 912, adopted 12-19-1972, which reads: "All two-hundred-seventy-five-gallon fuel oil tanks must be provided with a signal alarm to prevent overfilling," shall be incorporated into this Borough of Lansdowne Building Code.

Language from Ordinance 912, adopted 12-19-1972, which reads: "No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained. During construction or demolition of buildings or other structures no waste materials, debris or rubbish shall be disposed of by burying on the premises or immediate vicinity," shall be incorporated into this Borough of Lansdowne Building Code.

The following definitions from Ordinance 912, adopted 12-19-1972, shall be incorporated into this Borough of Lansdowne Building Code:

	Fire-Resistive Buildings — A building in which the walls are of approved masonry or reinforced concrete and the structural members of which have fire-resistance ratings sufficient to withstand the hazard involved in the occupancy, but not less than a four-hour rating for bearing walls, fire walls, party walls, isolated piers, columns and wall-supporting girders; a three-hour rating for walls and girders other than above specified and for beams, floors and roofs; and a two-hour rating for fire partitions; and in which all floor openings are protected by effective fire-resistance enclosures.
	Major Kitchen — A kitchen with an area of 500 square feet or more in any building except a single-family or a two-family dwelling.
	Substantially Altered — Any substantial structural alteration in or addition to the supporting or structural members of a building, such as bearing walls, bearing columns, bearing beams or bearing girders, provided that a substantial alteration shall not include, inter alia, repairs to roof, walls or interior; exterior or interior painting or redecoration; elimination, moving or construction of new partitions within an existing building; air conditioning; repairs or replacement of heating systems; modernization of kitchens or bathrooms, including moving or replacement of utility lines, gas, water, sewer and electricity; and installation or replacement of kitchen or bathroom equipment. A structural alteration not increasing the square footage of a building more than 20% shall not be considered a substantial alteration.

Language from Ordinance 912, adopted 12-19-1972, specifying the requirements for automatic sprinkler equipment, shall be incorporated into this Borough of Lansdowne Building Code as follows:

	Automatic sprinkler equipment shall be installed and maintained throughout buildings of the types set forth below hereafter erected, converted or substantially altered:
		High-hazard occupancy buildings
		Hospitals and other institutional buildings
		Sanitariums, nursing homes, convalescent homes and homes for the aged, housing bed or ambulatory patients
		Bowling alleys
		Non-fire-resistive buildings used as places of public assembly, including, inter alia, motion-picture theaters and auditoriums used for theatrical, operatic or musical performances
		Fire-resistive buildings having a floor area of 10,000 square feet or more per floor, undivided by fire walls, used in whole or in part for the manufacture, storage or sale of combustible goods, wares or merchandise, including, inter alia, stores, restaurants and supermarkets
		Non-fire-resistive buildings having a floor area of 5,000 square feet or more per floor, undivided by fire walls, used in whole or in part for the manufacture, storage or sale of combustible goods, wares or merchandise, including, inter alia, stores, restaurants and supermarkets
		Fire-resistive buildings having a floor area of 10,000 square feet or more per floor, undivided by fire walls, used for the housing of automobiles; not including open-deck garages unless the same are over two stories in height
		Non-fire-resistive buildings having a floor area of 6,000 square feet or more per floor, undivided by fire walls, used for the housing of automobiles

Language from Ordinance 912, adopted 12-19-1972, specifying the requirements for automatic sprinkler equipment required in certain parts of certain buildings, shall be incorporated into this Borough of Lansdowne Building Code as follows:

	Automatic sprinkler equipment shall be installed and maintained in cellars, subcellars, basements, subbasements, storage rooms, major kitchens and chutes of buildings of the types set forth below, hereafter erected, converted or substantially altered:
		Hotels and motels
		Apartment houses and apartment hotels
		Dormitories
		Churches and chapels
	Automatic sprinkler equipment shall be installed and maintained in all cellars and basements of buildings hereafter erected, converted or substantially altered, which cellars and basements have a floor area of 2,500 square feet or more and are used for the manufacture, storage or sale of combustible goods, wares or merchandise or for the housing of automobiles.

(9)

Language from Ordinance 912, adopted 12-19-1972, specifying the requirements for dry standpipe fire lines required in certain buildings, shall be incorporated into this Borough of Lansdowne Building Code as follows:

	Dry standpipe fire lines shall be installed and maintained in buildings more than 25 feet in height hereafter erected, converted or substantially altered in accordance with the standards set forth in NFPA 14, provided that dry standpipe fire lines shall not be required in the following:
		Single-family dwellings
		Two-family dwellings

(10)

Language from Ordinance 912, adopted 12-19-1972, specifying the ability of the Fire Official to designate fire lanes, shall be incorporated into this Borough of Lansdowne Building Code as follows:

Whenever the Fire Marshal shall determine that the parking of motor vehicles upon any public or private street, lane, alley or shopping center is liable to interfere with the operations of the Fire Department or seriously hamper egress of occupants from the building in case of fire, he shall post signs on such street, lane, alley or shopping center, reading NO PARKING BY ORDER OF THE FIRE MARSHAL. Whenever the Fire Marshal shall determine that NO PARKING BY ORDER OF THE FIRE MARSHAL signs on any public or private street, lane, alley or shopping center will not clearly indicate the area in which parking is prohibited, he is herby authorized to establish fire lines by painting lines four inches in width on the roadway surface, indicating the area in which parking is prohibited. In addition, he shall paint the words FIRE LANE in letters three feet in height on the roadway surface at intervals he deems necessary within the prohibited parking area.

All relevant ordinances, regulations and policies of the Borough not governed by the Code shall remain in full force and effect.

§ 146-3.3 Modification to the administrative regulations of Act 45.

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.42, titled Permit Requirements and Exemptions, as they pertain to commercial properties, are hereby amended as follows:

Section 403.42(b), which establishes the permit requirements for emergency repairs, shall be amended to read: "Emergency repairs or replacement of equipment may be made without first applying for a permit if the applicant calls the Code Office and secures a permit within 24 hours or the next Borough business day."

Section 403.42(c), which establishes a list of items that are exempt from permit requirements, shall have the following items amended or deleted from such list, as indicated:

Section 403.42(c)(1)(i), which nullifies permit requirements for fences not over six feet in height, is hereby DELETED in its entirety.

Section 403.42(c)(1)(ii), which nullifies permit requirements for oil derricks, is hereby DELETED in its entirety.

Section 403.42(c)(1)(iii), which nullifies permit requirements for retaining walls which are not over four feet in height, shall be modified to require permits for such items over 24 inches in height.

Section 403.42(c)(1)(iv), which nullifies permit requirements for water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one, shall be modified to require permits for such items over 500 gallons.

Section 403.42(c)(1)(v), which nullifies permit requirements for sidewalks and driveways not more than 30 inches above grade and that are not located over a basement or story below it and which are not part of an accessible route, is hereby DELETED in its entirety.

Section 403.42(c)(1)(vi), which nullifies permit requirements for painting, papering, tiling, carpeting, cabinets, countertops and similar finishing work, shall be modified to read: "Painting, papering, carpeting, countertop replacements, trim and similar finishing work, not to include flooring, or the installation of two or more kitchen or bathroom cabinets, or the installation (rather than replacement) of new countertop assemblies where counters did not previously exist."

Section 403.42(c)(1)(viii), which nullifies permit requirements for prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely aboveground, shall be modified to read: "Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, unless they have some type of motorized pump or recirculation equipment and are installed entirely aboveground."

Section 403.42(c)(1)(ix), which nullifies permit requirements for shade-cloth structures constructed for nursery or agricultural purposes that do not include service systems, is hereby DELETED in its entirety.

Section 403.42(c)(1)(xiii), which nullifies permit requirements for window replacement without structural change, is hereby DELETED in its entirety.

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.42a, titled Permit Application, as they pertain to commercial properties, are hereby amended as follows:

Section 403.42a(b), which establishes permit application requirements and support information, shall be modified by adding the following language before the period at the end of the paragraph to read: "and three sets if reviewed by the Borough of Lansdowne."

Section 403.42a(c), which establishes the requirements for a licensed architect or engineer to prepare all necessary design documents, shall be modified by deleting the last sentence, and thereby not allowing a nonlicensed person to prepare design documents.

Section 403.42a(h), which establishes the details required on a site plan, shall be modified to add new section (7) to read: "Location of closest fire hydrant to include distance in feet from the main entrance of each and every building, by way of paved surface suitable for fire apparatus; and all on-site fire lanes and fire department connections."

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.43, titled Grant, Denial and Effect of Permits, as they pertain to commercial properties, are hereby amended as follows:

Section 403.43(a), which establishes the time period in which the Code Officer must either approve or deny a building permit, shall be modified by deleting the last sentence in its entirety and replacing it to read: "A building code official shall grant or deny a permit application in an historic district, in whole or in part, within 90 days of the filing date."

Section 403.43(c), which requires the Code Official to place a stamp on each page of a submitted print, shall be modified by deleting the first sentence in its entirety and replacing it to read: "A building code official shall stamp or place a notation on the cover sheet of the set of reviewed construction documents that the documents were reviewed and approved for the Uniform Construction Code compliance before the permit is issued."

Section 403.43(g), which establishes a one-hundred-eighty-day time limit for the commencement of work, and a five-year time limit for the completion of a project, shall be modified by replacing the two occurrences of "180 days" with "90 days" and replacing the single occurrence of "five years" with "two years."

Section 403.43(h), which requires the permit applicant to have a copy of the approved permit on site, shall be modified to read: "The permit holder shall both keep and post a copy of the approved permit, to include all conditions, on the work site until completion of the construction. Such posting shall be in a conspicuous location."

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.46, titled Certificate of Occupancy, as they pertain to commercial properties, are hereby amended as follows:

Section 403.46(b), which establishes a time limit for the issuance of a certificate of occupancy, shall be modified to read: "Upon completion of a final inspection report that indicates compliance with the Uniform Construction Code and request by the permit applicant or property owner, the Building Code Official shall issue a certificate of occupancy within 10 business days."

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.62, titled Permit Requirements and Exemptions, as they pertain to residential properties, shall be amended as follows:

Section 403.62(b), which establishes the permit requirements for emergency repairs, shall be amended to read: "Emergency repairs or replacement of equipment may be made without first applying for a permit if the applicant calls the Code Office prior to the start of work and secures a permit within 24 hours or the next Borough business day."

Section 403.62(c), which establishes a list of items that are exempt from permit requirements, shall have the following items amended or deleted from such list, as indicated:

Section 403.62(c)(1)(i), which nullifies permit requirements for fences not over six feet in height, is hereby DELETED in its entirety.

Section 403.62(c)(1)(ii), which nullifies permit requirements for retaining walls which are not over four feet in height, shall be modified to require permits for such items over 24 inches in height.

Section 403.62(c)(1)(iii), which nullifies permit requirements for water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one, shall be modified to require permits for such items over 500 gallons.

Section 403.62(c)(1)(iv), which nullifies permit requirements for sidewalks and driveways not more than 30 inches above grade and that are not located over a basement or story below it and which are not part of an accessible route, is hereby DELETED in its entirety.

Section 403.62(c)(1)(v), which nullifies permit requirements for painting, papering, tiling, carpeting, cabinets, countertops and similar finishing work, shall be modified to read: "Painting, papering, carpeting, flooring, countertop replacements, trim and similar finishing work, not to include the installation of three or more kitchen or bathroom cabinets or the installation (rather than replacement) of new countertop assemblies where counters previously did not exist."

Section 403.62(c)(1)(vi), which nullifies permit requirements for prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely aboveground, shall be modified to read: "Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, unless they have some type of motorized pump or recirculation equipment and are installed entirely aboveground."

Section 403.62(c)(1)(ix), which nullifies permit requirements for any glass in replacement of glass in any windows and doors, shall be amended by adding the following at the end of the first sentence of such Section 403.62(c)(1)(ix): "except glass that is required to have tempered or impact load resistant under the International Residential Code. All replacement glass shall comply with the minimum requirements of the International Residential Code."

Section 403.62(c)(1)(x), which nullifies permit requirements for the installation and replacement of a window, door, garage door, storm window and storm door in the same opening if the dimensions or framing of the original opening are not altered, shall be deleted in its entirety and replaced to read: "Installation and replacement of storm windows and storm doors in the same opening, if the dimensions or framing of the original opening is not altered. At the discretion of the Construction Code Official, the installation of means of egress and emergency escape windows may be made in the same opening, without altering the dimensions or framing of the original opening if the required height, width or net clear opening of the previous window or door assembly is not reduced."

Section 403.62(c)(1)(xi), which nullifies permit requirements for the replacement of existing roof material that does not exceed 25% of the total roof area performed within any twelve-month period, shall be modified to read: "Repair and replacement of roof materials that do not exceed 50 square feet net of roof area."

(j)

Section 403.62(c)(1)(xiii), which nullifies permit requirements for the replacement of existing siding, shall be modified to read: "Repair and replacement of siding or other exterior wall materials that do not exceed 100 square feet net of wall area."

(k)

Section 403.62(c)(1)(xiv), which nullifies permit requirements for the repair or replacement of any part of a porch or stoop which does not structurally support a roof located above the porch or stoop, is hereby DELETED in its entirety.

(l)

Section 403.62(c)(1)(xv), which nullifies permit requirements for the installation of additional roll or batt insulation, shall be modified to read: "Installation of new or additional roll or batt insulation covering an area of less than 1,200 square feet but not to include any insulation that is blown in. Blown-in insulation shall require a permit."

(m)

Section 403.62(c)(1)(xvii), which nullifies permit requirements for the installation of an uncovered deck where the floor of the deck is no more than 30 inches above grade, is hereby DELETED in its entirety.

(n)

Section 403.62(c)(2)(ii), which nullifies permit requirements for the replacement of a receptacle, switch or lighting fixture rated at 20 amps or less and operating at less than 150 volts to ground with a like or similar item, is hereby DELETED in its entirety.

(o)

Section 403.62(c)(2)(iii), which nullifies permit requirements for the replacement of installed electrically operated equipment such as doorbells, communication systems and any motor-operated device, shall be modified to read: "Replacement of installed electrically operated equipment such as doorbells and communication systems."

(p)

Section 403.62(c)(2)(v), which nullifies permit requirements for the replacement of electrically powered dishwashers, is hereby DELETED in its entirety.

(q)

Section 403.62(c)(2)(vi), which nullifies permit requirements for the replacement of electrically powered kitchen range hoods, is hereby DELETED in its entirety.

(r)

Section 403.62(c)(2)(vii), which nullifies permit requirements for the installation of battery-powered smoke detectors, shall be amended by adding the following language before the period at the end of the sentence, to read: "that are not connected to the house electrical system."

(s)

Section 403.62(c)(5)(i), which nullifies permit requirements for the replacement of hose bib valves, is hereby DELETED in its entirety.

(t)

Section 403.62(c)(5)(iii), which nullifies permit requirements for the replacement of ball cocks, is hereby DELETED in its entirety.

(u)

Section 403.62(c)(5)(iv), which nullifies permit requirements for the repair of leaks in a plumbing system, shall be modified by adding the following language before the period at the end of the sentence, to read: "that do not include the replacement or removal of pipes and/or valves."

(v)

Section 403.62(c)(5)(vii), which nullifies permit requirements for the replacement of valves in a plumbing system other than shower or combination shower/bath valves, is hereby DELETED in its entirety.

(w)

Section 403.62(c)(5)(viii), which nullifies permit requirements for the replacement of traps in a plumbing system, is hereby DELETED in its entirety.

(x)

Section 403.62(c)(5)(ix), shall be amended by adding the following language before the period at the end of the sentence, to read: "that do not include the installation of new pipes and/or valves."

(y)

Section 403.62(c)(5)(x), which nullifies permit requirements for the replacement of a water closet, lavatory or kitchen sink, shall be amended by adding the following language before the period at the end of the sentence, to read: "that do not include the installation of new pipes and/or valves."

(z)

Section 403.62(c)(6)(ii), which nullifies permit requirements for the repair and replacement of heating, supply and return piping, and radiation elements which do not require rearrangement of the piping system, shall be modified by adding the following language before the period at the end of the sentence, to read: "that does not exceed more than 20 linear feet of piping or the replacement of less than two radiator units."

(aa)

Section 403.62(c)(6)(iii), which nullifies the permit requirements for the repair and replacement of ductwork, shall be modified by adding the following language before the period at the end of the sentence, to read: "that does not exceed 10 linear feet of ductwork, nor any repair or replacement of exhaust or intake ducts."

(bb)

Section 403.62(c)(6)(iv), which nullifies permit requirements for the repair and replacement of air conditioning equipment and systems, is hereby DELETED in its entirety.

(cc)

Section 403.62(c)(6)(vi), which nullifies permit requirements for the replacement of kitchen range hoods, shall be modified to read: "Replacement of self or non-venting kitchen range hoods."

(dd)

Section 403.62(d)(1), which nullifies permit requirements for ordinary repairs, and defines what an ordinary repair is in relation to removal or cutting away of walls, partitions or portions of a wall, shall be modified to add the following language before the period at the end of the sentence, to read: "or exposing the structural framing of a wall not to include minor repairs of holes or punctures in the wall covering."

(ee)

Section 403.62(d)(2), which nullifies permit requirements for ordinary repairs, and defines what an ordinary repair is in relation to removal or cutting away of any structural beam or load-bearing support, shall be modified to add the following language before the period at the end of the sentence, to read: "or installation of any wall openings requiring the configuration of the structural framing."

(ff)

Section 403.62(e), which nullifies permit requirements for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment under the control of a public utility, shall be modified to add the following language before the period at the end of the sentence, to read: "not to include the installation of any structures required to house the equipment or any alteration of the structure as required to house the equipment."

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.63, titled Grant, Denial and Effect of Permits, as they pertain to residential properties, are hereby amended as follows:

Section 403.63(c), which requires the Code Official to place a stamp on each page of a submitted print, shall be modified by deleting the first sentence in its entirety and replacing it to read: "A building code official shall stamp or place a notation on the cover sheet of the set of reviewed construction documents that the documents were reviewed and approved for the Uniform Construction Code compliance before the permit is issued."

Section 403.63(g), which establishes a one-hundred-eighty-day time limit for the commencement of work, and a five-year time limit for the completion of a project, shall be modified by replacing the two occurrences of "180 days" with "90 days" and replacing the single occurrence of "five years" with "two years."

Section 403.63(h), which requires the permit applicant to have a copy of the approved permit on site, shall be modified to read: "The permit holder shall both keep and post a copy of the approved permit, to include all conditions, on the work site until completion of the construction. Such posting shall be in a conspicuous location."

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.65, titled Certificate of Occupancy, as they pertain to residential properties, shall be amended as follows:

Section 403.65(b), which establishes a time limit for the issuance of a certificate of occupancy, shall be modified to read: "Upon completion of a final inspection report that indicates compliance with the Uniform Construction Code and request by the permit applicant or property owner, the Building Code Official shall issue a certificate of occupancy within 10 business days."

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.81, titled Stop-Work Orders, shall be modified as follows:

Section 403.81(b), which establishes the Code Officer's right to issue a stop-work order on projects that are in violation of this Code, shall be modified by adding the following language before the period at the end of the sentence, to read: "or by posting the property in a conspicuous location."

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.82, titled Notice of Violations, which outlines the proper steps for notifying a permit holder or responsible agent thereof of violations of this Act, shall be modified as follows:

Section 403.82(1), which specifies that the Code Official shall discuss the results of any inspection, shall be modified by adding the following language before the period at the end of the sentence, to read: "if the permit owner or agent thereof is present for the inspection."

Section 403.82(4) shall be newly created and shall read: "Any work that is concealed and not made available for inspection by the Code Official or agent thereof, as specified in Sections 403.45 and 403.64, shall be a violation of this Act and may result in the immediate issuance of citations and fines in accordance to Section 903 of the Act."

As provided for under Act 45, Section 403.102(I), the following sections of the administrative regulations of Chapter 403.83, titled Order to Show Cause/Order to Vacate, shall be modified as follows:

Section 403.83(b), which establishes a time line for the permit applicant to respond within 30 days of a notice to vacate, shall be modified by replacing the one occurrence of "30 days" with "10 days."

Section 403.83(c), which establishes a time line for the permit applicant to respond within 30 days of a notice to vacate and to require the Code Officer to contact the Borough's appeals board and/or the Department within five days of any variances of the accessibility requirements, shall be modified by replacing the one occurrence of "30 days" with "10 days" and the two occurrences of "five days" with "10 days."

As provided for under Act 45, Section, 403.102(I), the following sections of the administrative regulations of Chapter 403.84, titled Unsafe Building, Structure or Equipment, shall be modified as follows:

Section 403.84(c), which establishes the procedures for notifying the responsible persons about an unsafe structure or equipment, shall be deleted in its entirety and replaced to read: "If an unsafe condition is found, the Building Code Official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall contain notification that the owner or owner's agent shall submit a written answer and/or file an appeal as per Section 403.83."

§ 146-3.4 Administrative and technical modifications to the Act 45 referenced codes.

In accordance to the structure and organization of the ICC codes, insertions are hereby incorporated where called out by each particular code as follows:

As provided for in the actual language of the International Building Code 2003, the following insertions are made:

Section 1612.3: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

Section 1612.3: amended by replacing the one occurrence of "Insert Date of issuance" with "May 1, 1979."

Section 3410.2: amended by replacing the one occurrence of "Date to be inserted by jurisdiction" with "January 1, 1979."

As provided for in the actual language of the International Electrical Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

Section 404.2: amended by replacing the one occurrence of "Jurisdiction to insert appropriate schedule" with "See fee schedule adopted by Lansdowne Borough Council from time to time."

As provided for in the actual language of the International Energy Conservation Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

As provided for in the actual language of the International Fire Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

Section 109.3: amended by replacing the one occurrence of "OFFENSE" with "Summary offense, and the violation shall be deemed a strict liability offense."

Section 109.3: amended by replacing the one occurrence of "DOLLAR AMOUNT" with "a fine of not less than $100 nor more than $1,000."

Section 109.3: amended by replacing the one occurrence of "NUMBER OF DAYS" with "30 days in the county jail."

Section 111.4: amended by replacing the first occurrence of "DOLLAR AMOUNT" with "$100."

Section 111.4: amended by replacing the second occurrence of "DOLLAR AMOUNT" with "$1,000."

Section 3204.3.1.1, the storage of flammable cryogenic fluids in stationary containers is prohibited in any residential districts. All other areas must be approved by the Borough Council.

Section 3404.2.9.5.1, the storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited in any residential districts. All other areas must be approved by the Borough Council.

(9)

Section 3406.2.4.4, the storage of Class I and Class II liquids in aboveground tanks is prohibited in any residential district. All other areas must be approved by the Borough Council.

As provided for in the actual language of the International Fuel Gas Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

Section 106.5.2: amended by replacing the one occurrence of "APPROPRIATE SCHEDULE" with "See fee schedule adopted by Lansdowne Borough Council from time to time."

Section 106.5.3: amended by deleting the section in its entirety and replacing it to read: "Refunds for work not started or completed shall be as per the fee schedule as adopted by the Lansdowne Borough Council from time to time."

Section 108.4: amended by replacing the one occurrence of "SPECIFY OFFENSE" with "Summary offense, and the violation shall be deemed a strict liability offense."

Section 108.4: amended by replacing the one occurrence of "AMOUNT with "A fine of not less than $100 nor more than $1,000."

Section 108.4: amended by replacing the one occurrence of "NUMBER OF DAYS" with "30 days in the county jail."

Section 108.5: amended by replacing the first occurrence of "AMOUNT" with "$100."

Section 108.5: amended by replacing the second occurrence of "AMOUNT" with "$1,000."

As provided for in the actual language of the International Mechanical Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

Section 106.5.2: amended by replacing the one occurrence of "APPROPRIATE SCHEDULE" with "See fee schedule adopted by Lansdowne Borough Council from time to time."

Section 108.4: amended by replacing the one occurrence of "SPECIFY OFFENSE" with "Summary offense, and the violation shall be deemed a strict liability offense."

Section 108.4: amended by replacing the one occurrence of "AMOUNT" with "a fine of not less than $100 nor more than $1,000."

Section 108.4: amended by replacing the one occurrence of "NUMBER OF DAYS" with "30 days in the county jail."

Section 108.5: amended by replacing the first occurrence of "AMOUNT" with "$100."

Section 108.5: amended by replacing the second occurrence of "AMOUNT" with "$1,000."

As provided for in the actual language of the International Plumbing Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

Section 106.6.2: amended by replacing the one occurrence of "APPROPRIATE SCHEDULE" with "See fee schedule adopted by Lansdowne Borough Council from time to time."

Section 106.6.3: amended by deleting the section in its entirety and replacing it to read: "Refunds for work not started or completed shall be as per the fee schedule as adopted by the Lansdowne Borough Council from time to time."

Section 108.4: amended by replacing the one occurrence of "SPECIFY OFFENSE" with "Summary offense, and the violation shall be deemed a strict liability offense."

Section 108.4: amended by replacing the one occurrence of "AMOUNT" with "a fine of not less than $100 nor more than $1,000."

Section 108.4: amended by replacing the one occurrence of "NUMBER OF DAYS" with "30 days in the county jail."

Section 108.5: amended by replacing the first occurrence of "AMOUNT" with "$100."

Section 108.5: amended by replacing the second occurrence of "AMOUNT" with "$1,000."

(9)

Section 305.6.1: amended by replacing the two occurrences of "NUMBER OF INCHES IN TWO LOCATIONS" with "36 inches."

(10)

Section 904.1: amended by replacing the one occurrence of "NUMBER OF INCHES" with "12 inches."

As provided for in the actual language of the International Residential Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

Table R301.2(1), the "APPROPRIATE DESIGN CRITERIA" shall be as follows:

Ground snow load: 30 pounds per square foot.

Wind speed: 90 miles per hour (mph).

Seismic design category: C.

Weathering: severe.

Frost line depth: 36 inches.

Termite: moderate to severe.

Decay: slight to moderate.

Winter design temperature: 14.

Ice shield underlayment required: Yes.

(j)

Flood hazards: Date of adoption, January 20, 1982.

(k)

Air freezing index: 1,500.

(l)

Mean annual temperature: 53°.

Section P2603.6.19: amended by replacing the two occurrences of "NUMBER OF INCHES" with "36 inches."

Section P3103.1: amended by replacing the two occurrences of "NUMBER OF INCHES" with "12 inches."

As provided for in the actual language of the International Existing Building Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

Section 1201.2: amended by replacing the one occurrence of "DATE" with "January 1, 1979."

As provided for in the actual language of the International Urban Wildland Interface Code 2003, the following insertions are made:

Section 101.1: amended by replacing the one occurrence of "Insert Name of jurisdiction" with "Borough of Lansdowne."

§ 146-4 Appeals.

A Board of Appeals shall be established by resolution of the governing body of this municipality in conformity with the requirements of the relevant provisions of the Code, 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, the Board of Appeals shall be established by joint action of the participating municipalities.

Article II Contractor Licensing

[Adopted 9-20-1995 by Ord. No. 1134]

§ 146-5 Title.

This article shall be known and may be cited as "The Lansdowne Borough Contractor Licensing Ordinance."

§ 146-6 Findings and purpose.

The Council finds it to be in the best interest of the residents of the Borough of Lansdowne, Delaware County, Pennsylvania, that persons or firms who engage in construction, repairs, painting, roofing, tree care, remodeling, electrical work, rehabilitation or demolition and/or operating as general contractors, subcontractors, specialty contractors and/or home improvement contractors be required to obtain a license from the Borough of Lansdowne for such purpose, to the end that only responsible and qualified persons shall be permitted to engage in such business in said Borough of Lansdowne.

§ 146-7 Definitions.

As used in this article, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:

CONTRACT

An agreement, whether oral or written, and whether contained in one or more documents, between a contractor and an owner or other contractor, for the performance of work, including all labor, services and materials to be furnished and performed thereunder.

CONTRACTOR

Any person, other than a bona fide employee of the owner, who undertakes or offers to perform construction, repair, painting, roofing, tree care, remodeling, electrical work, rehabilitation, demolition, paving and any other residential or nonresidential construction or demolition work in the Borough, whether as a general contractor, subcontractor, specialty contractor or home improvement contractor.

ENGINEER

The Borough Engineer.

INSPECTOR

The Building Inspector and Code Enforcement Officer of the Borough.

LICENSE YEAR

The twelve-month period beginning on July 1 of each year.

OWNER

Any property owner, tenant or other person who orders, contracts for or purchases the services of a contractor, or any person entitled to the work of a contractor pursuant to a contract, gift or otherwise.

PERSON

Any individual, partnership, limited partnership, corporation and/or other such similar entity.

§ 146-8 Enforcement.

The Inspector, or his or her designated representative, shall administer and enforce this article.

§ 146-9 Compliance required; complicity.

No person shall act as a contractor in the Borough except in compliance with the provisions of this article. Any person, including an owner, who willfully aids a contractor or participates with a contractor in violating any provision of this article is also in violation of this article.

§ 146-10 Craft licenses.

A license issued pursuant to this article shall not be construed to authorize the licensee to perform any particular type of work or type of business which is reserved to qualified licensees under the other provisions of state or local law.

§ 146-11 License required; applications and renewals.

Such application shall be made by the completion of an application form furnished by the Borough and the payment of a license fee as hereinafter set forth in this article. Each application must contain information as set forth hereinafter in this article, and each applicant must present satisfactory proof of insurance as set forth hereinafter in this article. Each application for a license shall be signed by the applicant, if a natural person, and, in the case of an association or a partnership and/or any similar business entity, by a member or partner thereof and, in the case of a corporation, by an officer thereof.

Each successful applicant shall be issued a license, which shall be in the form of a wallet-size card and in the form of a vehicle sticker which must be prominently displayed. Every licensed contractor while actually acting as a contractor in the Borough shall carry such license with him or her and shall display it to the Inspector or his or her representatives upon demand. Every licensed contractor shall at all times display his or her sticker license on the vehicle he or she primarily uses in his or her activities as a contractor.

All contractors' licenses shall expire at 12:00 midnight on June 30 of each license year unless the license is revoked or suspended prior thereto under § 146-17.

A person with an unexpired license which has not been revoked or suspended during the current license year who makes application for a license for the following license year need not complete an application form, but must submit the required license fee and current certificate of insurance, and if he or she qualifies for licensing and renewal under the terms of this article, his or her license shall be renewed for the following license year and he or she will be issued a new license for the following license year.

Any contractor carrying on the business of a contractor in the Borough must obtain a license under this article for each license year during which he or she carries on such business.

§ 146-12 Exceptions and exemptions.

No contractor's license shall be required of a person who performs labor or services for a contractor for wages or salary.

§ 146-13 Insurance required.

No contractor's license shall be issued unless the applicant files a certificate of insurance with the Inspector at the time of the license application. The certificate of insurance shall contain a provision that coverage afforded under the policy will not be canceled until at least 15 days' prior written notice of such cancellation has been given to the Borough. The certificate of insurance must evidence policies of insurance (maintained at the expense of the applicant) for public liability, property damage, products liability and completed operations, each of which must have a single occurrence limit of at least $300,000. Blasting and demolition insurance shall also be required for blasting and demolition contractors, and the reasonable limits of such insurance shall be determined by the Inspector or the Engineer at the time of the application, based on the nature and extent of the applicant's proposed operations.

All types and limits of insurance for which certificates are presented at the time of application, and upon the basis of which a license is issued, shall be maintained throughout the license year, or the license will be suspended or revoked as set forth in § 146-17. The Inspector must approve the responsibility of new insurance carriers prior to a change in a carrier during a license year.

No contractor's license shall be issued unless the applicant files a certificate of insurance evidencing workmen's compensation coverage with the Inspector at the time of the license application. The certificate of insurance shall contain a provision that coverage afforded under the policy will not be canceled until at least 15 days' prior written notice of such cancellation has been given to the Borough.

§ 146-14 License fees.

At the time of the application for a new license or for the renewal of a current license, the applicant shall pay to the Inspector a license application fee as set forth from time to time by resolution of the Borough Council, made payable to the Borough.

[Amended 6-16-1999 by Ord. No. 1155]

No fee or portion thereof shall be returned to any applicant.

§ 146-15 License issuance or denial; form of license application.

When an application has been filed with the Borough in proper form, the Inspector must, within a period of 30 days from the date following the date the application is received, issue or refuse to issue the appropriate contractor's license to the applicant. If issuance of a license is denied, the Inspector shall mail to the unsuccessful applicant a written statement setting forth the reason or reasons for the denial, within the aforesaid thirty-day period.

The application for a license shall be a printed form, provided to the applicant by the Inspector, and the application shall require a written answer to all questions contained thereon. Failure to answer all questions on the application form shall mean that the applicant is not entitled to consideration of his or her application until he or she has answered all questions. The application form shall be signed by the applicant and subject to the provisions of the law concerning unsworn falsification to authorities. The questions and information requested on the application form shall include, but shall not be limited to, the following:

The names of owners, partners, directors and officers of the applicant, and the business address and trade names of the applicant and business telephone number and an emergency telephone number.