[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia 5-5-1969 by Ord. No. 50. Amendments noted where applicable.]
[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]
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.
Editor's Note: This ordinance repealed Ord.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:
101.1: Insert "Franconia Township."
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.
112.3.1: Delete in its entirety and insert the following:
112.4: Delete in its entirety and insert the following:
112.5 Refunds: Add in "work shall NOT be..." Delete "upon written request."
114.1 General: Add to end: "This section or any portion thereof can be waived by the Code Official at his/her discretion."
116.4: Delete in its entirety and insert the following:
117.2: Insert "... not less than $100 or more than $1,000."
118.4: Delete the entire section.
121.1: Change from "Board of Appeals" to "Board of Supervisors."
121.2: Delete the entire section and insert the following:
121.5: Delete "five" members and insert "three" members.
925.0: Heat detectors. This section is added to read as follows:
Table 1606: Add the following entries:
1806.1 Frost protection: Add to end: "All above are required to be tied down per code official."
1810.1: Delete "2,500 psi" and insert "3,000 psi."
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)."
1810.3.2: Delete "than six inches (152 mm)" and insert "than eight inches (203 mm)."
Table 1907.1.2(1): Delete all "2,500" and insert "3,000."
2119.0: Prefabricated fireplaces. This section is added to read as follows:
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."
2703.3: Delete in its entirety.
2703.4: Delete in its entirety.
2708.2 Defective wiring: Delete the "code official" and insert the "township."
3004.4.1 Periodic inspection intervals: Delete "not more than six months" and insert "not more than 12 months."
3005.1 General: Insert "therefor by the code official or approved agency."
3005.2 Final certificate of compliance: Insert "the final or approved agency."
3005.3 Limited certificate of compliance: Insert "signed by the code official 'or approved agency and' shall bear the dates of issue..."
3101.0: Delete in its entirety and insert the following:
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.
- Franconia Township.
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.
The compensation of the Building Inspector shall be determined from time to time by the Board of Supervisors of Franconia Township.
During the temporary absence or disability of the Building Inspector, the Board of Supervisors of Franconia Township shall designate an Acting Building Inspector.
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.
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.
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.