Chapter 5. Code Enforcement

Transcription

1 Chapter 5 Code Enforcement Part 1 Uniform Construction Code Purpose Election to Administer and Enforce Construction Code Act Adoption of Uniform Construction Code Amendments Preservation of Certain Existing Provisions Administration and Enforcement Board of Appeals Fees Purpose Adoption Amendments Part 2 Property Maintenance Code 5-1

2 5-2

3 5-101 Code Enforcement Part 1 Uniform Construction Code Purpose. The purpose of this Part is to promote the general health, safety and welfare of the citizens of London Grove Township, Chester County and to conform to the requirements of the Pennsylvania Construction Code Act and regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter sometimes collectively referred to as the "Code") and code requires the enactment of an appropriate ordinance by municipalities electing to administer and enforce the building code provisions of the Code. (Ord. 92, 7/7/2004, 1) Election to Administer and Enforce Construction Code Act. London Grove Township, Chester County, hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S , as amended from time to time, and its regulations. (Ord. 92, 7/7/2004, 2) Adoption of Uniform Construction Code. The Uniform Construction Code, contained in 34 Pa.Code, Chapters , as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of London Grove Township, Chester County. (Ord. 92, 7/7/2004, 3) Amendments. The following Sections of the International Codes as referenced in the Uniform Construction Code are hereby revised to add design criteria which is required to be inputted by the local jurisdiction: A. Section R101.1 of the 2003 International Residential Code. (1) Title. These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of London Grove Township, Chester County, and shall be cited as such and will be referred to herein as "this code." B. Table R301.2 (1) of the 2003 International Residential Code. Ground snow load = 30 # p.s.f. Wind Speed (mph) = 90 Seismic Design Category = C Frost Line Depth = 36 inches Termite = Moderate to Heavy Decay = Slight to Moderate Winter Design Temp = 14 degrees 5-3

4 5-104 Township of London Grove Ice Shield Underlayment Required = Yes Flood Hazards = March 17, 2002 Air Freezing Index = 500 Mean annual temp = 53 degrees C. Section R of the 2003 International Residential Code. (1) Roof Extension. All open vent pipes which extend through a roof shall be terminated at least 10 inches above the roof or 2 inches above the anticipated snow accumulation, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. D. Section R of the 2003 International Building Code. (1) Establishment of Flood Hazard Areas. To establish flood hazard area, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled the Flood Insurance Study for London Grove Township," dated March 17, 2002, as amended or revised with accompanying Flood Insurance Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this Section. E. Section of the 2003 International Plumbing Code. (1) Title. These regulations shall be known as the International Plumbing Code of London Grove Township, Chester County, hereinafter referred to as "this code." F. Section of the 2003 International Plumbing Code. (1) Fee Schedule. The fees for all plumbing work shall be indicated in the following schedule: The London Grove Township Fee Schedule. G. Section of the 2003 International Plumbing Code. (1) Fee Refunds. The code official shall authorize the refunding of fees as follows: (a) The full amount of any fee paid hereunder that was erroneously paid or collected. (b) Not more than 50 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. (c) Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid except upon written application by the original permittee not later than 180 days after the date of fee payment. H. Section of the 2003 International Plumbing Code. (1) Violation Penalties. Any person who shall violate a provision of this 5-4

5 5-104 Code Enforcement code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense. [Ord. 167] I. Section of the 2003 International Plumbing Code. (1) Stop Work Orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exist, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 167] J. Section of the 2003 International Plumbing Code. (1) Roof Extension. All open vent pipes that extend through a roof shall be terminated at least 15 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. K. Section of the International Code Council Electrical Code. (1) Title. These regulations shall be known as the Electrical Code Administrative Provisions of London Grove Township, Chester County, and shall be cited as such and will be referred to herein as "this code." L. Section of the International Code Council Electrical Code. (1) Schedule of Permit Fees. A fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The fees for electrical work shall be indicated in the following schedule: The London Grove Township Fee Schedule. M. Section of the International Mechanical Code. (1) Title. Theses regulations shall be known as the mechanical Code of London Grove Township, Chester County, hereinafter referred to as "this code." N. Section of the International Mechanical Code. (1) Fee Schedule. The fees for all mechanical work shall be indicated in the following schedule: The London Grove Township Fee Schedule. 5-5

6 5-104 Township of London Grove O. Section of the 2003 International Mechanical Code. (1) Fee Refunds. The code official shall authorize the refunding of fees as follows: (a) The full amount of any fee paid hereunder that was erroneously paid or collected. (b) Not more than 50 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. (c) Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid except upon written application by the original permittee not later than 180 days after the date of fee payment. P. Section of the 2003 International Mechanical Code. (1) Violation Penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense. [Ord. 167] Q. Section of the 2003 International Mechanical Code. (1) Stop Work Orders. Upon notice from the code official, work on any mechanical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exist, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 167] R. Section of the 2003 International Fuel Gas Code. (1) Title. These regulations shall be known as the Fuel Gas Code of London Grove Township, Chester County, hereinafter referred to as "this code." S. Section of the 2003 International Fuel Gas Code. (1) Fee Schedule. The fees for work shall be indicated in the following 5-6

7 5-104 Code Enforcement schedule: The London Grove Township Fee Schedule. T. Section of the 2003 International Fuel Gas Code. (1) Fee Refunds. The code official shall authorize the refunding of fees as follows: (a) The full amount of any fee paid hereunder that was erroneously paid or collected. (b) Not more than 50 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. (c) Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid except upon written application by the original permittee not later than 180 days after the date of fee payment. U. Section of the 2003 International Fuel Gas Code. (1) Violation Penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense. [Ord. 167] V. Section of the 2003 International Fuel Gas Code. (1) Stop Work Orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 167] W. Section of the International Fire Code. (1) Title. These regulations shall be known as the Fire Code of London Grove Township, hereinafter referred to as "this code." X. Section of the International Fire Code. (1) Violation Penalties. Any person who shall violate a provision of this 5-7

8 5-104 Township of London Grove code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense. [Ord. 167] Y. Section of the International Fire Code. (1) Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 167] Z. Section of the International Fire Code. (1) Location. Stationary containers shall be located in accordance with Containers or cryogenic fluids shall not be located within diked areas containing other hazardous materials. Storage of flammable cryogenic fluids outside of buildings is prohibited. AA. Section of the International Fire Code. (1) Locations Where Aboveground Tanks Are Prohibited. Storage of Class I and 11 liquids in aboveground tanks outside of building is prohibited in residential zoning districts as specified in the London Grove Township Zoning Ordinance [Chapter 27]. BB. Section of the International Fire Code. (1) Locations Where Aboveground Tanks Are Prohibited. The Storage of Class I and II liquids in aboveground tanks is prohibited in residential zoning districts as specified in the London Grove Township Zoning Ordinance [Chapter 27]. CC. Section of the International Energy Conservation Code. (1) Title. These regulations shall be known as the Energy Conservation Code of London Grove Township, Chester County, and shall be cited as such. It is referred to herein as "this code." DD. Section of the International Existing Building Code. (1) Title. These regulations shall be known as the Existing Building Code of London Grove Township, Chester County, and shall be cited as such. It is referred to herein as "this code." EE. Section of the International Existing Building Code. (1) Applicability. Structures existing prior to the effective date of this code, in which there is work involving additions, alterations, or changes of occupancy shall be made to conform to the requirements of this code or the 5-8

9 5-104 Code Enforcement provisions of Chapters 4 through 10. The provisions of through shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to buildings with occupancies in Group H or Group 1. FF. Section of the International Urban Wildland Interface Code. (1) Title. These regulations shall be known as the Urban Wildland Interface Code of London Grove Township, Chester County, and shall be cited as such. It is referred to herein as "this code." (Ord. 92, 7/7/2004, 4; as amended by Ord. 167, 4/6/2011) Preservation of Certain Existing Provisions. The Pennsylvania Uniform Construction Code is amended as follows. These regulations are contained in ordinances that are repealed by the Pennsylvania Construction Code, however are permitted to remain in effect in accordance with the Pennsylvania Construction Code Act (35 P.S ) A. The following items shall require a permit: (1) 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 2 to 1. (2) Replacement of existing roof materials that does not exceed 25 percent of the total roof area performed within any 12-month period. (3) Replacement of porches and stoops. (4) Installation of an uncovered deck where the floor of the deck is no more than 30 inches above grade. (Ord. 92, 7/7/2004, 5) Administration and Enforcement. Administration and enforcement of the code within London Grove Township, Chester County, shall be undertaken in any of the following ways as determined by the governing body of London Grove Township from time to time by resolution: A. By the designation of an employee of the Township to serve as the municipal code official to act on behalf of the Township. B. By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township. C. By agreement with one or more other municipalities for the joint administration and enforcement of this code through an intermunicipal agreement. D. By entering into a contract with another municipality for the administration and enforcement of this code on behalf of this Township. E. By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other then one-family or two-family dwelling units and utility and miscellaneous use structures. (Ord. 92, 7/7/2004, 6) 5-9

10 5-107 Township of London Grove Board of Appeals. A board of appeals shall be established by resolution of the governing body of this Township 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, said board of appeals shall be established by joint action of the participating municipalities. (Ord. 92, 7/7/2004, 7) Fees. Fees assessable by the Township for the administration and enforcement undertaken pursuant to this Part and the code shall be established by the governing body by resolution from time to time. In addition to any fees, the Township shall assess a fee of $2 on each construction or building permit issued under the authority of the act and code, which monies shall be transmitted quarterly to the Pennsylvania State Treasury as required by 703 of the Act. (Ord. 92, 7/7/2004, 8) 5-10

11 5-201 Code Enforcement Part 2 Property Maintenance Code Purpose. An ordinance of the Township of London Grove adopting the 2006 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures in the Township of London Grove; providing for the issuance of permits and collection of fees therefore. (Ord. 141, 11/7/2007, 1) Adoption. A certain document, one copy of which is on file in the Code Department of London Grove Township, being marked and designated as the International Property Maintenance Code, 2006 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of London Grove, Chester County, in the State of Pennsylvania, for regulating and governing the condition and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, for the demolition of such existing structures as herein provided; providing for the issuance of penalty and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of London Grove Township are hereby referred to, adopted, and made a part hereof, as if fully set out in this Part, with the additions, insertions, deletions and changes, if any prescribed in of this Part. (Ord. 141, 11/7/2007, 2) Amendments. The following Sections are hereby revised to read as follows: A. Section Title. These regulations shall be known as the Property Maintenance Code of the Township of London Grove, Chester County, Pennsylvania, hereinafter referred to as this code. B. Section Application of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Existing Building Code, the Pennsylvania Construction Code Act, and other ordinances of London Grove Township. Nothing in the code shall be construed to cancel, or set aside any provision of the London Grove Township Zoning Ordinance [Chapter 27], or the London Grove Township Waste and Recycling Ordinance [Chapter 19, Part 1]. 5-11

12 5-203 Township of London Grove C. Section Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be indicated in the London Grove Township schedule of fees, adopted by resolution from time to time. D. Section Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other then trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cite and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. Exception: Active crop areas of extensive and intensive agriculture areas, as defined by the London Grove Township Zoning Ordinance [Chapter 27] shall not be required to meet the 10-inch height requirement contained herein. E. Section Insect Screens. During the period from May 15 to September 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. F. Section Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitory or guestrooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to May 15 to maintain a temperature of not less than 68º F (20º C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: (1) When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be indicated in Appendix D of the 2003 International Plumbing Code. (2) In areas where the average monthly temperature is above 30º F (-1º C) a minimum temperature of 65º F (18º C) shall be maintained. 5-12

13 5-203 Code Enforcement G. Section Occupiable Workspace. Indoor occupiable workspaces shall be supplied with heat during the period from September 1 to May 15 to maintain a temperature of not less than 65º F (18º C) during the period the spaces are occupied. Exceptions: (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities. (Ord. 141, 11/7/2007, 3) 5-13

14 5-14