[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[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Editor's Note: This ordinance repealed Ord.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.
|
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:
The Building Inspector.
The Solicitor of Franconia Township.
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.
