Township of Franconia, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia 5-5-1969 by Ord. No. 50. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 68.
Floodplain management — See Ch. 78.
Plumbing — See Ch. 104.
Sewers and sewage disposal — See Ch. 112.
Zoning — See Ch. 145.
[Amended 9-10-1984 by Ord. No. 115; 4-11-1988 by Ord. No. 143; 7-9-1990 by Ord. No. 167; 3-14-1994 by Ord. No. 203; 7-8-1996 by Ord. No. 238; 7-12-1999 by Ord. No. 273[1]]
That certain document, three copies of which are on file in the office of the Secretary of Franconia Township, being marked and designated as the "BOCA Basic Building Code, Fourteenth Edition 1999," published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Building Code of Franconia Township of Montgomery County, in the Commonwealth of Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA Basic Building Code, Thirteenth Edition 1996, are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the deletions, additions and insertions prescribed in § 47-2 of this chapter.
[1]
Editor's Note: This ordinance repealed Ord. No. 238, adopted 7-8-1996.
[Added 9-10-1984 by Ord. No. 115; amended 4-11-1988 by Ord. No. 143; 7-9-1990 by Ord. No. 167; 3-14-1994 by Ord. No. 203; 6-10-1996 by Ord. No. 237; 7-8-1996 by Ord. No. 238; 3-8-1999 by Ord. No. 271; 7-12-1999 by Ord. No. 273]
The following sections are hereby revised as follows:
A. 
101.1: Insert "Franconia Township."
B. 
110.4 Certificate of rodent exterminator: Prior to the issuance of a demolition permit, the applicant shall furnish to the township a certificate from a reputable rodent exterminator which states that the building or structure to be demolished has been inspected and found to be free of rodents, or that the building or structure to be demolished has been properly treated for the eradication of all rodents in and about the premises.
C. 
112.3.1: Delete in its entirety and insert the following:
112.3.1 Fee schedule: Applicants for permits under this code shall pay at the time of application approval to the township the fees set forth on the then-current fee schedule, which shall have been adopted by resolution by the Board of Supervisors. When a permit fee is based on the cost of construction, the valuation of the subject work shall be the fair market value of all of the construction work. The Building Official shall be satisfied as to the accuracy of the estimate both initially and at final completion, should changes occur as the work progresses.
D. 
112.4: Delete in its entirety and insert the following:
112.4 Accounting: All fees collected shall be received and accounted for by the Township Secretary; and such fees shall be deposited in the jurisdiction treasury or otherwise handled as required by law.
E. 
112.5 Refunds: Add in "work shall NOT be..." Delete "upon written request."
F. 
114.1 General: Add to end: "This section or any portion thereof can be waived by the Code Official at his/her discretion."
G. 
116.4: Delete in its entirety and insert the following:
116.4 Violation penalties: Any person, partnership, firm or corporation who or which shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who or which shall use, erect, construct, alter or repair a building or structure in violation of an approved plan or of a directive of the Building Official, or of a permit or certificate issued under the provision of this code, shall be liable to fines and penalties not exceeding $1,000, which fines and penalties may be collected by suit or summary proceeding brought in the name of the Township of Franconia before any District Justice, or recovered as debts of a like amount are now by law recoverable. Proceedings for the violation of this code and for the collection of fines and penalties imposed thereby may be commenced by warrant, or by summons, at the discretion of the District Justice before whom the proceeding is begun. All fines and penalties collected for violation of this code shall be paid over to the township treasury. Upon judgment against any person by summary conviction or penalty imposed and the costs, the defendant may be sentenced and committed to the township lockup for a period not exceeding five days or to the County Jail or workhouse for a period not exceeding 30 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
H. 
117.2: Insert "... not less than $100 or more than $1,000."
I. 
118.4: Delete the entire section.
J. 
121.1: Change from "Board of Appeals" to "Board of Supervisors."
K. 
121.2: Delete the entire section and insert the following:
121.2 Procedure: An appeal from any decision of the Building Official may be taken to the appointing authority. Such appeal shall be made, in writing, within 10 days after such decision has been made, shall be verified by an affidavit and shall be filed with the Township Secretary. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. A prompt decision of such appeal shall be made by the appointing authority. In making a decision, the appointing authority may vary or modify any provision of this chapter where there are practical difficulties in the way of executing the strict letter of the law, so that the spirit of the law shall be observed, public safety secured and substantial justice done. Such variation or modification shall be the minimum necessary in order to grant relief. Every action of the appointing authority on such appeals shall be by resolution, copies of which shall be certified to the Building Official and the appellant.
L. 
121.5: Delete "five" members and insert "three" members.
M. 
925.0: Heat detectors. This section is added to read as follows:
Section 925.0 HEAT DETECTORS
925.1 Heat detectors that are compatible with smoke detectors, and do not require a central alarm system, shall be installed in all garages, attic spaces and any mechanical rooms.
925.2: Heat detectors may be required in areas that present a danger of fire as determined by the code official.
N. 
Chapter 13, Energy Conservation: Delete in its entirety.
O. 
Table 1606: Add the following entries:
Occupancy
Uniform Live Loading
Decks
Residential
60
All others
Same as occupancy served
P. 
1806.1 Frost protection: Add to end: "All above are required to be tied down per code official."
Q. 
1810.1: Delete "2,500 psi" and insert "3,000 psi."
R. 
1810.3.1: Delete "reduced to six inches (152 mm), provided that the footing does not extend beyond four inches (102 mm) on either side of the supported wall" and insert "eight inches (203 mm)."
S. 
1810.3.2: Delete "than six inches (152 mm)" and insert "than eight inches (203 mm)."
T. 
Table 1907.1.2(1): Delete all "2,500" and insert "3,000."
U. 
2119.0: Prefabricated fireplaces. This section is added to read as follows:
Section 2119.0 PREFABRICATED FIREPLACES
2119.1 General: All prefabricated fireplaces for wood, gas or other fossil fuels, whether on an interior or exterior wall, with a chimney, direct vent or no vent, when framed around shall provide a two-inch minimum clearance or as the manufacturer instructs.
2119.2 Inside of framed fireplace area and chimney chase shall be drywalled with a minimum of one-half-inch fire-rated drywall on all sides to ceiling height and firestop, and the floor shall be covered with a noncombustible material before the unit is set.
2119.3 Chimneys must be anchored to framing every eight feet zero inches and be as specified by the manufacturer.
2119.4 All rooms containing these types of fireplaces must have a carbon monoxide detector.
V. 
2703.1: Delete "Code Official" and insert "township." Delete "certificate of inspection and permit have been issued by the code official." Insert "Certificate of inspection from an independent inspection agency has given approval and so notified the township, in writing."
W. 
2703.3: Delete in its entirety.
X. 
2703.4:  Delete in its entirety.
Y. 
2704.0: Inspection and tests. This section is amended as follows:
(1) 
2704.1: Delete in its entirety and insert:
2704.1 During installation: During the installation of electric systems and equipment, the builder or electrical contractor of the builder shall arrange for the inspection of such electrical systems and equipment by an underwriter or electrical inspection service to ensure compliance with the provisions of this article, except as provided in Section 2703.0.
(2) 
2704.2: Delete in its entirety and insert:
2704.2 Concealing work: Work in connection with an electric system shall not be covered or concealed until it has been inspected and permission to conceal has been granted, in writing, by the underwriter or electrical inspection service.
(3) 
2704.3: Delete in its entirety and insert:
2704.3 Final inspection and test: On completion of the work, the underwriter or electrical inspection service shall inspect the work and cause tests to be made of the operation of the entire system to ensure compliance with all requirements. The underwriter or electrical inspection service shall certify that such inspection and tests have been made and shall post such certificate on the premises for the review by the Building Official.
Z. 
2708.2 Defective wiring: Delete the "code official" and insert the "township."
AA. 
3004.4.1 Periodic inspection intervals: Delete "not more than six months" and insert "not more than 12 months."
BB. 
3005.1 General: Insert "therefor by the code official or approved agency."
CC. 
3005.2 Final certificate of compliance: Insert "the final or approved agency."
DD. 
3005.3 Limited certificate of compliance: Insert "signed by the code official 'or approved agency and' shall bear the dates of issue..."
EE. 
3101.0: Delete in its entirety and insert the following:
3101.0 Bond or liability insurance policy and license: For any sign in any district containing more than 100 square feet, and for any sign which projects over public property, a liability insurance policy or an indemnity bond in an amount of not less than $100,000, payable to Franconia Township and in a form satisfactory to the Township Solicitor, shall be posted by the owner or erector of such sign; and any such sign and any roof sign of whatever size shall be erected by a licensed sign erector, which license shall be issued by the Construction Official for a period of one year, January 1 to December 31, at a license fee of $25, and each applicant for such license shall show proof of his experience and qualifications for sign erection.
FF. 
3408.2 Applicability: Insert the date "April 1, 1968."
As used in this chapter and the code adopted thereby, the following terms shall have the meanings indicated:
BUILDING OFFICIAL
The Building Inspector.
CORPORATION COUNSEL
The Solicitor of Franconia Township.
MUNICIPALITY
Franconia Township.
A. 
The office of Building Inspector is hereby created, and the administration of the provisions of this chapter and of the Building Code hereby adopted shall be accomplished by the Building Inspector, who shall be appointed annually at the reorganization meeting of the Board of Supervisors in January of each year, to serve for a period of one year or until his successor is appointed. The initial appointment of a Building Inspector shall be an interim appointment.
B. 
The compensation of the Building Inspector shall be determined from time to time by the Board of Supervisors of Franconia Township.
C. 
During the temporary absence or disability of the Building Inspector, the Board of Supervisors of Franconia Township shall designate an Acting Building Inspector.
D. 
The Building Inspector shall be responsible for the issuance of permits, inspection of premises and enforcement of the Building Code and the provisions of this chapter. He shall, when requested by the 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 the 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, he shall issue such notices or orders as may be necessary. He shall maintain comprehensive records of applications, permits issued, inspections made, reports rendered and notices or orders issued and 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.
E. 
The Building Inspector, in the discharge of his official duties and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.
F. 
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of Franconia Township and its advisory agencies.
No permit as required by the Building Code shall be issued until payment of fees established from time to time by resolution of the Board of Supervisors of Franconia Township, nor shall an amendment to a permit be approved until the additional fee, due to an increase in the minimum cost of the building or structure, shall have been paid in accordance with the fees established from time to time by such resolution.
[Amended 9-12-1988 by Ord. No. 147; 6-10-1996 by Ord. No. 237]
Any person who violates or permits a violation of this chapter shall, upon being liable therefor in a civil enforcement proceeding commenced by the township, pay a fine not exceeding $1,000 plus all court costs, including reasonable attorney's fees incurred by the township. No judgment shall be imposed until the date of the determination of violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure.
Nothing in this chapter or in the Building Code hereby adopted shall be construed to affect any suit or proceeding now pending in court or any rights acquired or liability incurred nor any cause or causes of action accrued or existing under any act or ordinance repealed hereby; nor shall any right or remedy of any character be lost, impaired or affected by this chapter. The invalidity of any section or provision of this chapter or of the Building Code hereby adopted shall not invalidate other sections or provisions thereof.