[Adopted 5-10-1979 by Ord. No. 1485;[1]amended in its entirety 7-10-1997 by Ord. No. 1795]
[1]
Editor's Note: This ordinance supersedes former Ch. 62, Building Construction, adopted 5-13-1971 by Ord. No. 1308, as amended.
The Township of Abington, in order to regulate construction, alteration, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures within the township, hereby adopts the provisions of the BOCA Basic Building Code 1996, Thirteenth Edition, as published by the Building Officials and Code Administrators International, Inc., and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than one copy has been and now is filed in the office of the Secretary of the Township of Abington, 1176 Old York Road, Abington, Pennsylvania, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the Township of Abington.
Changes and additions to the BOCA Basic/National Building Code, 1996, Thirteenth Edition, are as follows:
A. 
In section 101.0, insert "Township of Abington."
B. 
Section 104.1, shall provide as follows:
104.1 Code Official: The Department of Code Enforcement of the Township of Abington shall be the Department of Code Enforcement, and the executive official in charge thereof, or a designated representative, shall be the Code Enforcement Official.
C. 
Section 110.4, shall provide as follows:
110.4 Certificate of rodent extermination: A permit to demolish or remove a structure shall not be issued until the applicant shall furnish to the Code Official a certificate from a reputable rodent exterminator which shall state 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.
D. 
Sections 107.6.1 through 107.6.3 shall provide as follows:
107.6.1. Plot diagram: When required, there shall also be filed, along with the application to obtain a building permit, a suitable plot plan drawn on white paper with black ink, to a scale of 20 feet to the inch or a larger scale if so specified by the Building Inspector.
107.6.2. Copies of Plot Plan: Four copies of the plot plan, drawn by a registered engineer or land surveyor, are required for all new buildings, properly sealed. One copy of the plot plan is usually sufficient for additions, although extra copies may be requested by the Building Official.
107.6.3. Plot plan information: Plot plans must show the following information:
(1) 
The location of the property in relation to the nearest intersecting street and the distance in feet and decimal parts thereof of property therefrom, together with a North point.
(2) 
The present owner of the property as of plan of record or suitable evidence of recent purchase.
(3) 
How the property is marked, whether by surveyor stakes or monuments, date of survey, and the lot numbers and block number as of plan of record.
(4) 
The total lot area in square feet.
(5) 
The type of zoning and the proper building restriction lines as per the Abington Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 162, Zoning.
(6) 
The total square feet area and percentage of the lot covered by buildings or structures.
(7) 
The total square feet area of each floor.
(8) 
The square feet area of each green area (as defined in the Zoning Ordinance[2] for commercial areas), the total square feet of green area and percentage of lot covered by such green area.
[2]
Editor's Note: See Ch. 162, Zoning.
(9) 
Topographical lines showing existing and final. elevations and flow of surface and rainwater from the premises.
(10) 
The full width of the street and intersecting street, all right-of-way, etc., properly marked with dimension as of plan of record.
(11) 
All improvements installed and proposed, indicating size and location.
(12) 
All paved areas with each parking space numbered.
(13) 
First floor elevation.
(14) 
Zoning District requirements listed in a column with proposed data in a separate column.
(15) 
Engineered stormwater calculations.
(16) 
Any additional information as may be considered necessary by the Building Inspector.
E. 
There shall be a added a new Section 112.3, to be titled "Fees," which shall provide as follows:
Section 112.3. Fees.
Section 112.3.A. New Construction Permit Fees for Residential and Institutional Uses. There shall be a fee charged for new construction permits for residential and institutional uses, including, without limitation, single-family detached dwelling units, single-family semidetached dwelling units, two-family detached dwelling units, two-family semidetached dwelling units, farm buildings, student dormitories, child nurseries, kindergartens, elementary and secondary schools, colleges, fire stations, police stations, libraries, convents, rectories, churches, monasteries, or parks, calculated on the basis of square footage of the proposed structure as follows:
For up to 1,000 square feet:
$360
For each 1,000 square feet or fraction thereof, in addition to the initial 1,000 square feet:
$180
Section 112.3.B. New construction, permit fees for commercial and other buildings.
(i) New Construction Permit Fees for Commercial Buildings, Apartment Buildings, Hospitals, Nursing Homes, Convalescent Homes, Retirement Homes, Clubs, Lodges and Fraternal Organizations. There shall be a fee charged for new construction permits for commercial buildings, apartment buildings, hospitals, nursing homes, convalescent homes, retirement homes, clubs, lodges and fraternal organizations, including, but not limited to, retail stores, mercantile stores, drugstores/pharmacies, food stores, clothing stores, audio-video stores, appliance stores, hardware stores, pet stores, mini-marts, video rental stores, barbershop, beauty parlor, hair salon, clothes cleaning and pressing shops, personal service shops, restaurants, fast-food establishments, office buildings, agencies, studios, tailor shops, shoe shops, bakeries, electronic repair shops, public parking lots, banks, financial brokerages, funeral parlors, frozen food lockers, self-service laundromats, indoor or outdoor places of amusement, animal hospitals, newspaper establishments, printing establishments, rooming houses or boardinghouses, motor vehicle repair stations, hotels, motels, public garage, private garages for a commercial use, contractors' shops, and research laboratories, calculated on the basis of square footage of the proposed structure as follows:
For up to 1,000 square feet:
$850
For each 1,000 square feet or fraction thereof, in addition to the initial 1,000 square feet:
$180
For each 1,000 square feet or fraction thereof, in addition to the initial 10,000 square feet:
$100
(ii) Permit Fees for Additions to Buildings Identified In Section 112.3.B.(i). There shall be a fee charged for additions to those buildings identified in Section 112.3.B.(i) based on the square footage of the proposed addition as follows:
For up to 1,000 square feet:
$370
For each 1,000 square feet or fraction thereof, in addition to the initial 1,000 square feet:
$270
Section 112.3.C. Fees for Plan Reviews. A fee for plan reviews shall be charged to all applications for residential building permits, institutional building permits, and commercial building permits, including alterations, additions, and impervious surfaces, to be calculated as follows:
Residential Zones: R-1, R-2, R-3 and R-4:
$50
Planned cluster and planned development:
$50
Commercial:
$250
Residential occupancy:
$75
Commercial occupancy:
$200
Section 112.3.D. Permit Fee for Repairs and/or Alterations to Residential and Institutional Buildings. A fee shall be charged for permits for repairs and/or alterations to residential and institutional buildings as identified in Section 112.3.A, such fee to be calculated on the total cost of the repairs and/or alterations, exclusive of electrical costs or HVAC costs, as follows:
Up to $500:
$25
From $501 to $1,000:
$40
From 1,001 to $2,000:
$75
From $2,001 to $3,000:
$110
From $3,001 to $4,000:
$145
From $4,001 to $5,000:
$180
For each $1,000 or fraction thereof above $5,000:
$35
Section 112.3.E. Permit Fees for Repairs and/or Alterations to Commercial and Other Buildings. A fee shall be charged for permits for repairs and/or alterations to commercial and other buildings as identified in Section 112.3.2.1, calculated on the total cost of said repairs and/or alterations, exclusive of electrical and HVAC costs, as follows:
Up to $2,000:
$250
For each $1,000 or fraction thereof above $2,000:
$35
Section 112.3.F. Permit Fees for Demolition of Buildings. A fee for a permit for the demolition of any building shall be calculated on the basis of the square footage of the building being demolished, as follows:
Up to 1,000 square feet:
$75
For each 1,000 square feet or fraction thereof above 1,000 square feet:
$20
Section 112.3.G. Permit Fees for Additions to Residential and Institutional Buildings. A fee shall be charged for permits for additions to residential and institutional buildings as identified in section 112.3.1, such fee to be calculated on the basis of the square footage of the proposed addition as follows:
For each 100 square feet or fraction thereof:
$40
Section 112.3.H. Permit Fees for Liquid Storage Tanks. A permit fee for liquid storage tanks, including but not limited to oil tanks, gasoline tanks, diesel fuel tanks, and kerosene tanks, shall be calculated on the capacity of the tank as follows:
For each 1,000 gallons or fraction thereof:
$30
Section 112.3.I. Permit Fees for Accessory Buildings for Residential, Institutional, Commercial and Other Buildings. A permit fee for any accessory building shall be calculated on the basis of the square footage of the floor space of the proposed accessory building, calculated as follows:
Up to 144 square feet:
$25
For each 50 square feet or fraction thereof above 144 square feet:
$15
Section 112.3.J. Permit Fees for Detached Garages for Residential and Institutional Uses. A permit fee for detached garages for residential and institutional uses as identified in Section 112.3.A shall be calculated on the square footage of the proposed garage, calculated as follows:
For each 100 square feet or fraction thereof:
$40
Section 112.3.K. Permit Fees for Signs. A permit fee for signs, including signs affixed to a post, pole, wall or roof, for painted signs on a wall surface and for both illuminated and nonilluminated advertising signs on windows shall be calculated on the basis of square footage of the area of the proposed sign as follows:
Up to 10 square feet:
$50
For each one square foot or fraction thereof above 10 square feet:
$15
Section 112.3.L. Permit Fees for Heating, Ventilation and Air Conditioning. A permit fee for the installation, repair, and replacement of heating, ventilating and air conditioning in all use categories shall be calculated on the estimated cost of the work as follows:
Up to $500:
$25
From $501 to $1,000:
$35
For each additional $1,000 or fraction thereof above $1,000:
$10
Section 112.3.M. Permit Fees for Impervious Surfaces. A permit fee for the installation, repair and replacement of any impervious surface in all use categories shall be calculated on the basis of area of the proposed impervious surface to be installed, repaired or replaced, as follows:
Up to 250 square feet:
$50
For each 100 square feet or fraction thereof above 250 square feet:
$10
Section 112.3.N. Use and Occupancy Certificate. A use and occupancy permit, either temporary or permanent, is required upon completion of any building or structure prior to occupancy.
(i) Temporary Use and Occupancy Permit. A temporary use and occupancy permit may be issued if all but punch list items have been completed. The fee for a temporary use and occupancy permit shall be calculated as follows:
For up to 30 days:
$30
For 31 to 60 days:
$60
For each day over 60 days:
$100
(ii) Permanent Use and Occupancy Permit. A permanent use and occupancy permit will be issued when, upon inspection, the Code Enforcement Department determines that the building or structure passes all Township code requirements. The fee for a permanent use and occupancy permit shall be calculated as follows:
Residential and institutional buildings and structures:
$75
Residential rental units:
$50
Commercial and apartment buildings:
$100 to $200
Section 112.3.O. Special Inspection and Repeat Inspection Fees. A special inspection fee and a repeat inspection fee shall be charged when a special inspection is requested and a reinspection is necessary due to failure to comply with the requirements of the Building Construction Code of the Township of Abington or failure to correct defects after initial inspection and shall be calculated as follows:
Special inspection fee:
$50
First repeat inspection:
$30
Second repeat inspection:
$40
Third repeat inspection:
$60
Each repeat inspection after the third repeat inspection:
$100
Section 112.3.P. Zoning Review Fee. A zoning review fee shall be charged upon application for a building permit for all additions, new construction, and accessory structures in all use categories. The fee shall be calculated on the basis of the square footage of the proposed floor area as follows:
Up to 50 square feet:
$10
51 to 100 square feet:
$15
101 to 200 square feet:
$25
For each additional 200 square feet or fraction thereof above 200 square feet:
$25
Section 112.3.Q. Electrical Permit. An application fee shall be paid at the time of submission of an application for an electrical permit and shall be calculated based on the price quoted to perform the electrical work as follows:
Up to $500:
$15
From $501 to $1,000:
$30
From $1,001 to $1,500:
$45
From $1,501 to $2,000:
$60
For each $1,000 or fraction thereof over $2,000:
$15
F. 
Section 116.4, Violation Penalties, shall provide as follows:
116.4 Violation penalties: Any person who shall violate a provision of this Code or who shall fail to comply with any of the requirements thereof including applying for a permit or certificate or who shall use, erect, construct, alter, or repair a building in violation of an approved plan or a permit of certificate issued under the provisions of this Code shall be liable for fines and penalties not exceeding $1,000 for each and every offense and may be required to pay a reinspection fee in the amount equal to the fee charged for a permit. Such fines and penalties may be collected by suit or summary proceeding brought in the name of the Township of Abington 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 commended by warrant or by summons, at this discretion of the District Justice before whom the proceedings is begun. All fines and penalties collected for the violation of this Code shall be paid over to the Township Treasury. Upon judgment against any person by summary conviction, or proceedings by summons on a default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the township lockup for a period not exceeding five days. Each day that a violation continues shall be deemed a separate offense.
G. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection G, regarding Board of Appeals, was repealed 9-13-2018 by Ord. No. 2160. See now Ch. 7, Board of Code Appeals.
H. 
Sections 201.0 and 202.0: Definitions shall be as shown in the BOCA Basic Building Code/1996 Edition.
I. 
Section 421.2 shall provide as follows:
421.2 Definitions: Any such pool (swimming pool, pond, hot tub, spa) which is more than 12 inches in depth.
J. 
Section 421.4 shall provide as follows:
421.4 Locations: Private swimming pools, spas, hot tubs, ponds, etc., shall not encroach on any front yard required by this Code, or the governing Zoning Code, except by specific rules of the jurisdiction in which it may be located. All other measurements are controlled by the Abington Township Zoning Ordinance.[4]
[4]
Editor's Note: See Ch. 162, Zoning.
K. 
Section 421.9 shall provide as follows:
421.9 Swimming pool safety devices: Every person owning land on which there is situated a swimming pool, fish pond or other body of water which could contain 12 inches or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure, surrounding pool area sufficient to make such body of water inaccessible to small children. Such enclosure including gates therein must be not less than 4 feet above the underlying ground: all gates must be self-closing, self-latching, with latches placed 4 feet above the underlying ground or otherwise made inaccessible from the outside to small children.
(1) 
Wood pickets shall be three-fourths-inch stock, two inches maximum space between pickets.
(2) 
Iron or aluminum pickets shall be not less than one inch square with a maximum of four inch spaces between. Horizontal supports shall have not less than 16 inches between.
(3) 
All wire fencing must be of the chain link type, minimum eleven gauge, 1 1/2 inches by 1 1/2 inches maximum openings. Wire fencing may be galvanized, plated or vinyl coated. Vinyl shall be minimum of two gauge in thickness.
(4) 
No natural barriers, pool covers or alternate devices will suffice for swimming pool enclosures.
(5) 
Solid type fencing enclosures shall not be of a greater height than six feet (one square foot for each 150 square feet of foundation space).
L. 
Section 602.0 shall provide as follows:
602.0 Construction requirements: All construction within areas of the township designated as "Town Commercial," "Special Commercial," "Planned Business," "Apartment-Office," "Community Service," "Mixed Use" and "Suburban Industrial" of the Zoning Ordinance of the Township of Abington, Ordinance No. 1753, as the same may be amended from time to time, shall conform to the requirements of Type 1, Protected (1A or 1B) or Type 2, Protected (1A or 1B) construction as set forth in Table 602. Type 3, Type 4 and Type 5 construction shall be prohibited within the aforesaid districts.
(1) 
Insert a new Section 602.1, which shall provide as follows: Fire separation walls constructed of noncombustible materials; (concrete, masonry block, steel stud and drywall) with a fire rating of a minimum of one hour are required as noted:
(a) 
Loading docks/mercantile space.
(c) 
Storage rooms/mercantile space or general use space.
(e) 
Wholesale or warehouse areas/office or mercantile space.
(g) 
Service bays/office areas and waiting rooms.
(i) 
Other conditions as may be noted by the Code Official.
M. 
Section 707.1 shall provide as follows:
707.1 Party Walls: Party walls between all units of residential use shall be of two-hour fire-resistive construction, which shall consist of eight-inch hollow concrete block or other approved masonry material of a two-hour fire-resistive rating. These walls shall be constructed in such manner that they will protrude a minimum of at least 12 inches above the finished roof. All roofs which slope at an angle of 30° or less shall be considered as flat roofs. All roof and/or wall projections must be constructed in such manner that they are not an integral part of the roof or wall and must be separated at each unit of residential use with a partition of at least two-hour fire-resistive rating.
707.1.2 Party walls with pitched roofs: Party walls between all units of residential use shall be of two-hour fire-resistive construction, which shall consist of eight-inch hollow concrete block or other approved masonry material of two-hour fire-resistive rating. These walls shall be constructed in such manner that they will protrude a minimum of at least eight inches above the finished roof. All roofs which slope at an angle in excess of 30° from the horizontal arc are to be considered as pitched roofs. All roof and/or wall projections must be constructed in such manner that they are not an integral part of the roof or wall and must be separated at each unit of residential use with a partition of at least two-hour fire-resistive rating.
N. 
Section 709.2 shall provide as follows:
709.2 Crawl Spaces: In buildings and structures constructed without basements, in which the first floor construction does not bear directly on the ground, a space shall be provided under the first floor not less than 36 inches in depth and shall be surfaced with not less than two inches of concrete; and such space shall be vented with screened openings having a clear area of not less than one square foot for each one hundred fifty square feet of foundation space or shall be provided with other means of ventilation approved by the Code Official. Openings shall be located as close to corners as practicable and shall provide cross ventilation on at least two approximately opposite sides. The openings shall be covered with corrosion-resistant mesh not less than 1/4 inch (six mm) nor more than 1/2 inch (13 mm) in any direction.
O. 
Section 1110.5 shall provide as follows:
1110.5 Approvals granted by the adoption of this Code does not preclude that applicants/owners must comply with the "Americans with Disabilities Act" requirements.
P. 
Section 1806.0 shall provide as follows:
1806.0 Footings:
1806.1 Unless the proper test and procedures are followed as prescribed within this article, the Code Official may prescribe whatever depth, width or thickness of footing and foundation that the Code Official may deem necessary, including but not limited to the use of reinforcing rods, wire mesh, cassions, sonotubes, etc.
1806.2 All footings shall be a minimum of three feet in depth unless otherwise directed or approved by the Code Official. Widths of footings with the type of foundation to be constructed: 20 inches in width for twelve-inch concrete block and 16 inches for eight-inch concrete block. Other changes may be permitted as site conditions warrant or at the discretion of the Code Official. A sump pump installed according to the Code Official's discretion, may be required.
Q. 
Section 3311.0 shall provide as follows:
3311.0 Retaining walls:
3311.1: When the adjoining grade is not higher than the legal level, the person causing an excavation to be made shall erect, when necessary, a retaining wall at his own expense and on his own land. Such wall shall be built to a height sufficient to retain the adjoining earth, shall be properly coped and shall be provided with a guardrail or fence not less than four feet in height.
3311.2: No fence, screening, wall or retaining wall shall be erected on or encroach within five feet of an established property line without first securing a building permit.
No permit for a fence, screening, wall or retaining wall shall be issued until satisfactory evidence is presented to the Building Inspector of a boundary survey with its corners properly marked by monuments or stakes placed under the direction of a registered engineer or land surveyor.
Walls built to retain or support the lateral pressure of earth, water or other superimposed loads, shall be designed and constructed of approved masonry, reinforced concrete, steel sheet piling or other approved materials within the allowable stresses of engineering practices, and subject to the approval of the Township Engineer and the Building Inspector and in conformance with the Township of Abington Subdivision Ordinance.[5]
A retaining wall of approved construction, designed by a registered civil engineer or architect, shall be required for all permanent land fills or excavations which exceed three feet in height or depth along a property boundary line, unless, a 1:1 natural slope of the land can be maintained entirely within the boundaries of the excavated or filled property.
Retaining walls of less than three feet in height, erected entirely within the interior of a property and not encroaching within five feet of boundary line, will not require a permit.
3311.3 Fences:
3311.4 No fence, screening or wall except an open wire fence or a retaining wall shall be erected on any property and/or in any yard to a greater height than six feet unless authorized by a special exception by the Zoning Hearing Board after a public hearing.
3311.5 In any case where a fence or wall or screening is erected within five feet of a property line, satisfactory evidence must be presented to the Building Department of a boundary survey with its corners properly marked by monuments or stakes placed under the direction of a registered engineer or land surveyor, unless the boundary line in question can be easily established by the Building Official.
3311.6 Any fence, screening or wall installed within 10 feet of a front property line may be of a type or height which will create a vision obstruction for any motorist and must be removed or installed as the Building Official directs.
[5]
Editor's Note: See Ch. 146, Subdivision and Land Development.
R. 
Section 1512.6 shall provide as follows:
1512.6 Existing roofs:
1512.6 The repair of existing roofs shall comply with the provisions of Section 103.0. When a wood shingle roof is replaced, it may be replaced with wood shingles. When a wood shingle roof is to be replaced with other than wood shingles, the wood shingles must be removed and the roof must be sheathed with not less than 1/2 inch plywood nailed according to the requirements of this code. Not more than two layers of asphalt shingles may be applied to any roof.
S. 
Section 2114.0 shall provide as follows:
2114.0 Fireplaces and chimneys:
2114.1 Scope: The provision of this article shall control the design, installation, maintenance, repair and approval of all chimneys, vents, fireplaces, wood stoves and connectors hereafter erected or altered in all buildings and structures.
2114.1.1 Other standards: Unless specifically provided herein, conformity to the applicable requirements for chimney construction and vents contained in the mechanical code listed in Appendix A shall be deemed to meet the requirements of this Code.
2114.1.2 Minor repairs: Minor repairs for the purpose of maintenance and upkeep which do not increase the capacity of the heating apparatus or appliances or which do not involve structural changes in the permanent chimney and vents of a building may be made without a permit.
2114.1.3 General: The structural plans and specifications shall describe in sufficient detail, the location, size and construction of all chimneys, vents and ducts and their connections to boilers, furnaces, appliances and fireplaces. The thickness and character of all insulation materials, clearances from walls, partitions and ceilings and proximity of heating devices and equipment to wall openings and exitways shall be clearly shown and described.
2114.1.4 Appliances: All appliances required to be vented shall be connected to a vent or chimney, except as provided in Section 1506.3 and as provided in the standards listed in Appendix A for special venting arrangements.
2114.1.5 Performance test and acceptance criteria.
2114.1.6 Tests: The Building Official may require test or tests of any chimney or vent to insure fire safety and the removal of smoke and products of combustion.
2114.1.7 Acceptance criteria: The system shall be accepted if the following conditions are fulfilled:
(1) 
There shall not be spillage at the draft hood when any one or combination of appliances connected to the system is in operation.
(2) 
Temperature on adjacent combustible surfaces shall not be raised more than limits acceptable to nationally recognized testing or inspection agencies.
(3) 
Condensation shall not be developed in a way that would cause deterioration of the vent or chimney drip from joints or bottom end of the vent or chimney.
(4) 
The draft reading taken at the place recommended in the installation instructions shall be within the range specified by the appliance manufacturer.
2114.1.8 Approved installations: Factory-built chimneys and gas vents which have been tested and listed by a nationally recognized testing or inspection agency shall be accepted as complying with the requirements of Item 2 of Section 1502.2 when installed in accordance with the clearance specified in their listing.
2114.1.9 Chimneys:
2114.1.10 Classification: Chimneys, as used in this article, shall be classified as:
(1)
Factory-built chimneys;
(2)
Masonry chimneys; and
(3)
Metal chimneys (smokestacks).
2114.1.11 Appliances requiring chimneys:
2114.1.12 General: All heating appliances, except those appliances specifically exempted by the provisions of Section 1506.3, shall be connected to chimneys as specified in the chimney selection chart contained in the Mechanical Code listed in Appendix A. Only one solid-fuel-burning appliance shall be vented to any single passageway of a masonry chimney or a factory-built chimney. If a gas or oil appliance is presently connected to a chimney passageway, a solid-fuel-burning appliance shall not be connected.
2114.1.13 Extension: Factory-built chimneys, masonry chimneys and metal chimneys (smokestacks) connected to solid-fuel-burning fireplaces, stoves or heaters shall extend at least three feet above the point where it protrudes through the roof and at least two feet above any obstruction within a ten-foot radius of the chimney. Any factory-built chimney or approved metal chimney that extends more than five feet above a roof must be properly supported or guyed.
2114.1.14 Existing buildings:
2114.1.15 Raising existing chimneys: Whenever a building is hereafter erected, enlarged or increased in height so that a wall along an interior lot line, or within three feet thereof, extends above the top of an existing chimney or vent of an adjoining existing building, the owner of the building so erected, enlarged or increased in height shall carry up at his own expense, with the consent of the adjoining property owner, either independently, or in his own building, all chimneys connected to fuel burning appliances. Vents within six feet of any portion of the wall of such adjoining building shall be extended two feet above the roof or parapet of the adjoining building.
2114.1.16 Size of extended chimneys: The construction of an extended chimney shall conform to the requirements of this article for new chimneys, but the internal area of such extension shall not be less than that the existing chimney.
2114.1.17 Notice to adjoining owner: It shall be the duty of the owner of the building which is erected, enlarged or increased in height to notify, in writing, and to secure the consent of the owner of existing chimneys affected at least 10 days before the star.
2114.1.18 Existing chimneys: An existing chimney, except one which does not endanger the fire safety of a building or structure and is acceptable to the Building Official, shall not be continued in use unless it conforms to all requirements of this article for new chimneys.
2114.1.19 Cleanouts and maintenance: Whenever a new chimney is completed or an existing chimney is altered, it shall be cleaned and left smooth on the inside. If the chimney is constructed of masonry or tile,the interior mortar joints must be left smooth and flush. Cleanouts or other approved devices shall be provided at the base of all chimneys to enable the passageways to be maintained and cleaned.
2114.1.20 Vent Systems:
2114.1.21 Listed appliances: For the purpose of determining vent requirements, gas-fired and oil-fired appliances shall be classified as "listed" or "unlisted." A listed appliance is one that is shown in a list published by an accredited authoritative testing agency qualified and equipped for experimental testing of such appliances, and maintaining an adequate periodic inspection of current production of listed models and whose listing states either that the appliance or accessory complies with nationally recognized safety requirements or has been tested and found safe for use in a specific manner. Compliance may be determined by the presence of the appliances or accessory of a label of the testing agency stating that the appliance or accessory complies with nationally recognized safety requirements. An unlisted appliance or accessory is one that is not shown on such a list or does not bear such a label. In cases where an applicable standard has not been developed for a given class of appliance or accessory, approval of the authority having jurisdiction should be obtained before the appliance or accessory is installed.
2114.1.22 Appliances required to be vented: Appliances shall be connected to a listed venting system or provided with other means for exhausting the flue gases to the outside atmosphere in accordance with the venting system selection chart contained in the Mechanical Code listed in Appendix A.
2114.1.23 Exemption: Connections to vent systems shall not be required for appliances of such size or character that the absence of such connection does not constitute a hazard to the fire safety of the building or its occupants. The following appliances are not required to be vented unless so required by their listing:
(1)
Listed gas ranges;
(2)
Built-in domestic cooking units listed and marked as unvented units;
(3)
Listed hot plates and listed laundry stoves;
(4)
Listed domestic clothes dryers;
(5)
Listed gas refrigerators;
(6)
Counter appliances;
(7)
Space (room) heaters listed for unvented use, only upon prior approval by the Building Official;
(8)
Specialized equipment of limited input such as laboratory burners or gas lights; and
(9)
Electric appliances.
When any or all of the appliances listed in items (5), (6) and (7) above are installed so that the aggregate input rating exceeds 30 British Thermal Units (BTU's) per hour per cubic foot of room or space in which they are installed, one or more of them shall be vent connected or provided with approved means for exhausting the vent gases to the outside atmosphere so that the aggregate input rating of the remaining unvented appliance does not exceed 30 BTU's per hour per cubic foot of room or space in which they are installed. Where the room or space in which they are installed is directly connected to another room or space by a doorway, arch, or other opening of comparable size, which cannot be closed, the volume of such adjacent room or space may be included in the calculations.
2114.1.24 Fireplaces and solid-fuel-burning appliances:
2114.1.25 General: Fireplaces, barbecues, smoke chambers, solid-fuel-burning appliances and fireplace chimneys shall be constructed of solid masonry, reinforced concrete or other approved materials and shall conform to the requirements of this section.
2114.1.26 Construction: Structural walls of fireplaces shall be at least eight inches thick. Where a lining of low-duty refractory brick (ASTM C64) or the equivalent, at least two inches thick laid in fire-clay mortar (ASTM C105, medium-duty) or its equivalent, or other approved lining is provided, the total thickness of back and sides, including the lining, shall be not less than eight inches. Where such lining is not provided, the thickness of the back and sides shall be not less than 12 inches. The firebox shall be 20 inches in depth and will be permitted to be open on all sides, provided that all fireplace openings are located within one room.
All factory-built fireplaces, freestanding fireplaces, suspended factory-built fireplaces, solid-fuel-burning radiant-type or circulating-type stoves or heaters, liquid or gas fuel heaters or stoves, or electrically heated stoves or heaters must be listed and approved by one or more of the following:
(1)
Underwriters' Laboratories, Inc.
(2)
Building Officials Code Administration.
(3)
Southern Building Code Congress.
(4)
International Conference of Building Officials.
(5)
Factory Mutual Research Corp.
The installation of all heating units must be in accordance with the instructions and listing. Compliance may be determined by the presence of a label from the approval agency affixed on the appliance or accessory stating that the appliance or accessory complies with nationally recognized fire safety and requirements.
2114.1.27 Lining: Unlined masonry chimneys for use with airtight and high efficiency solid-fuel-burning stoves, heaters or fireplaces shall be prohibited.
2114.1.28 Existing masonry fireplace: Where a solid-fuel-burning appliance is intended for installation into an existing masonry fireplace with an unlined masonry chimney, an approved listed metal liner shall be installed into the existing unlined masonry chimney.
2114.1.29 Existing refractory-lined fireplace: Where a solid-fuel-burning appliance is intended for installation in front of an existing refractory-lined fireplace, the entire front of the fireplace must be completely sealed off with masonry or its equivalent. The opening for the solid-fuel-burning appliance connector shall penetrate the fireplace masonry chimney at a point above the fireplace and into the liner. A solid-fuel-burning appliance may be installed in front of an existing fireplace with a refractory-lined chimney, provided that a tight-fitting metal shield of at least twenty-four-gauge steel is installed into the fireplace below the fireplace damper. The opening cut into the metal shield shall not be larger than the stack of the solid-fuel-burning appliance. The metal stack shall extend into the fireplace to a point where the damper, when closed, will rest completely across the open end of the metal stack.
2114.1.30 Metal liners: Metal liners shall be provided with spark-arrester-type, screened metal flashing caps. The wire mesh openings in the flashing caps shall not exceed more than 5/8 inch or less than 5/16 inch.
2114.1.31 Distance: The distance between a masonry fireplace and combustibles shall be at least four inches, and such combustibles shall not be placed within six inches of a masonry fireplace opening. Wood facings or trim normally placed around the fireplace opening may be permitted when conforming to the requirements of this section. However, such facing or trim shall be furred out from the fireplace wall at least four inches and attached to noncombustible furring strips. The edges of such facings or trim shall be covered with a noncombustible material. Where the wall of the masonry fireplace are 12 inches thick, the facings or trim may be attached directly to the masonry fireplace.
Solid-fuel-burning freestanding fireplaces, factory-built fireplaces, suspended fireplaces, solid-fuel-burning radiant-heat-type stoves or heaters shall be installed at least 36 inches away from any combustible wall and ceiling. Solid-fuel-burning circulating-heat-type stoves or heaters shall be installed at least 12 inches away from any combustible wall or ceiling. The distance away from any combustible wall and ceiling may be reduced by the installation of one-fourth inch masonry or millboard, or twenty-eight-gauge sheet metal spaced out one inch from the combustible wall and ceiling as specified in the table below:
MINIMUM CLEARANCES FROM
COMBUSTIBLE WALLS AND CEILINGS
Type of Protection
Stove Type Radiant
(inches)
Circulating
(inches)
None
36
12
One-fourth-inch masonry or millboard, spaced out 1 inch
18
6
Twenty-eight-gauge sheet metal, spaced out 1 inch
12
4
Twenty-eight-gauge sheet metal on one-eighth-inch masonry or millboard, spaced out 1 inch
12
4
2114.1.32 Chimney connectors (stove pipes): The passage of an uninsulated chimney connector or stove pipe through a ceiling, floor or roof shall be prohibited.
The internal cross-sectional area of a chimney connector shall not be less than that of the flue collar of the solid-fuel- burning appliance.
The chimney connector shall be as short as possible with not more than two ninety-degree elbows or their equivalent.
The horizontal section of a chimney connector shall have a rise of at least 1/4 inch for each foot of horizontal pipe from the solid-fuel-burning appliance to the chimney.
The use of a Type B vent as a chimney connector or as a chimney in connection with a solid-fuel-burning appliance is prohibited.
All chimney connectors used with solid-fuel-burning appliances shall be constructed on corrosion-resistant steel with the following minimum diameters and gauge of steel:
Connector Diameter
(inches)
Steel Gauge
10 or less
24
Over 10 but less than 14
22
Over 14 but less than 16
20
16 and over
16
The chimney connector for a solid-fuel-burning appliance shall be installed at least 18 inches away from any combustible wall and ceiling. The clearance from a combustible wall and ceiling may be reduced by the installation of a one-fourth inch millboard or twenty-eight-gauge sheet metal spaced out one inch from the combustible wall and ceiling as specified in the table below:
MINIMUM CLEARANCE
FROM COMBUSTIBLE WALLS AND CEILINGS
Type of Protection
Stove Pipe
(inches)
None
18
One-fourth-inch masonry or millboard nailed to wall
18
One-fourth-inch masonry or millboard spaced out 1 inch
12
One-fourth-inch masonry or millboard covered with twenty-gauge sheet metal
12
Twenty-gauge sheet metal spaced out 1 inch
9
Twenty-gauge sheet metal over one-fourth-inch masonry or millboard spaced out 1 inch
9
The following four methods shall be considered as acceptable for the passage of a chimney connector through a combustible wall:
(1)
Use an Underwriters' Laboratories, Inc. listing all-fuel thimble extending through the wall with the wall hole four inches larger than the thimble diameter. The four-inch space between the thimble and the combustible wall shall be filled with a noncombustible insulation.
(2)
Use a ventilated thimble that is at least three times larger in diameter than the chimney connector.
(3)
Use a fire clay thimble surrounded by at least eight inches of masonry or other noncombustible material.
(4)
Use no thimble, but remove all of the combustible wall within 18 inches on all sides of the chimney connector. The eighteen-inch opening shall be closed in with a noncombustible insulating material.
2114.1.33 Fire stopping: Combustible framing shall be trimmed not less than two inches away from all masonry chimneys and properly fire-stopped with a noncombustible material to prevent the free travel of heat, flame and smoke. When an approved, listed factory-built chimney passes through a floor, ceiling or roof, an approved, listed fire-stop spacer shall be installed to center the factory-built chimney and provide the proper clearance. The fire-stop spacer opening shall be tightfitting with the approved, listed factory-built chimney to prevent the free travel of heat, flame or smoke.
2114.1.34 Support: All masonry fireplaces shall be supported on foundations designed in conformity with Section 1006.0.
The installation of a solid-fuel-burning appliance over an unprotected combustible floor shall be prohibited. A combustible floor under a solid-fuel-burning appliance shall be protected by one of the following means:
(1)
Approved stove boards on mats.
(2)
Mortared slate, brick or stone.
(3)
Slate, brick or stone placed on top of continuous noncombustible material.
The noncombustible protection over the combustible floor shall extend at least 18 inches beyond the front, rear or sides of the solid-fuel-burning appliance from which the ashes are removed. The noncombustible floor shall extend at least 12 inches beyond the sides, front or rear of the solid-fuel-burning appliance that is not used for the removal of ashes.
There shall be a continuous four-inch air space between the bottom of the solid-fuel-burning appliance and the protected floor.
2114.1.35 Screens: Screens or other approved protection shall be installed on all openings for all fireplaces and all other solid-fuel-burning appliances.
2114.1.36 Other types of fireplaces and solid-fuel-burning stoves and heaters:
Fireplaces, factory-built fireplaces and solid-fuel-burning stoves or heaters nonconforming to this code shall be prohibited.
An approved, listed solid-fuel-burning appliance which is also approved and listed to burn coal or its equivalent shall be provided with approved, listed flue liners, chimney connectors and grates.
2114.1.37 Solid or liquid waste: Burning of any solid or liquid waste in a fireplace, stove or heater shall be prohibited. When an approved, listed solid or liquid waste heating system is intended for installation, approval must be obtained from the Department of Environmental Resources prior to the installation of the system.
T. 
Section 2119.0 shall provide as follows:
2119.0 Incinerators:
2119.1.1 Mechanical Code: Incinerators of all types shall be installed in accordance with the applicable provisions of the Mechanical Code listed in the Appendix.
2119.1.2 Construction of metal ducts and vents:
2119.1.3 Mechanical code: All metal vents, ducts and duct systems required under the provisions of this article for heating systems and equipment, and under the provisions of Article 7 for ventilating and air-conditioning systems shall be constructed and installed in accordance with the requirements of the Mechanical Code listed in Appendix A.
2119.1.4 Construction of ducts: Ducts and plenums may be constructed of approved material constructed in accordance with the requirements of the Mechanical Code listed in Appendix A. Non-metallic ducts shall be constructed and installed in accordance with their approval and the applicable standards listed in Appendix A. Aluminum ducts shall not be used in equipment rooms with fuel-fired equipment, encased in or under concrete slabs on grade, for kitchen or fume exhausts or in systems where air entering the duct is over 250° F.
2119.1.5 Spark arrestors:
2119.1.6 Mechanical code: All chimneys, stacks and flues, including incinerator stacks, which emit sparks shall be provided with a spark arrestor conforming to the requirements of the Mechanical Code listed in Appendix A.
U. 
Section 3500.0 shall provide as follows:
3500.0 Referenced standards:
3500.1 Zoning Law: In no event shall the provisions of this article be deemed to authorize construction in violation of the requirements of Ordinance No. 1753, as amended, the Township of Abington Zoning Ordinance.[6] Should the provisions of the Zoning Ordinance be more restrictive than those of this article, it shall control. Should the provisions of this article be more restrictive than those of the Zoning Ordinance, this article shall control.
[6]
Editor's Note: See Ch. 162, Zoning.
V. 
Section 2200.0 shall provide as follows:
2200.1 Scope: The design and installation of plumbing systems, including sanitary and storm drainage facilities, water supplies and stormwater and sewage disposal in buildings shall comply with the requirements of this article and the Township of Abington Plumbing Code, Chapter 121 of the Code of the Township of Abington.
W. 
Section 2201.1 shall provide as follows:
2201.1 When required: Prior to the issuance of any permit, plumbing plans and specifications for the installation, alteration or addition to the plumbing system of any building, structure or premises shall be submitted to the Township of Abington, Department of Code Enforcement, Plumbing Division, in accordance with the Requirements of Chapter 121 of the Code of the Township of Abington.
X. 
Section 3500.2: Delete entire Chapter 29.
Y. 
Section 3500.3. shall provide as follows:
3500.3 Scope: The design and installation of plumbing systems, including sanitary and storm drainage facilities, water supplies and stormwater and sewage disposal in buildings shall comply with requirements of the Township of Abington Plumbing Code, Chapter 121 of the Code of the Township of Abington.
Z. 
Section 3500.4 shall provide as follows:
3500.4 Plans required: Prior to the issuance r addition to the plumbing system of any building, structure or premises shall be submof any permit, plumbing plans and specifications for the installation, alteration oitted to the Township of Abington Department of Code. Enforcement (Plumbing Division) in accordance with the requirements of Chapter 121 of the Code of the Township of Abington.
AA. 
Section 3500.5 shall provide as follows:
3500.5 By reference, this ordinance adopting the BOCA Basic Building Code/1996, Thirteenth Edition, also references and adopts the BOCA Basic Fire Prevention Code/1996.
BB. 
Section 3500.6 shall provide as follows:
3500.6 By reference, this ordinance adopting the BOCA Basic Building Code/1996, Thirteenth Edition, also references and adopts the Township of Abington Electrical Ordinance (Ordinance No. 1480).
CC. 
Section 3500.7 shall provide as follows:
3500.7 By reference, this ordinance adopting the BOCA Basic Building Code/1996, Thirteenth Edition, also references and adopts the BOCA Mechanical Code/1996 Edition.
[Added 7-9-2009 by Ord. No. 1982]
The fee for obtaining any permit for work which has already been commenced or completed, when, pursuant to Township ordinances, codes and regulations, the permit or permits were required to have been obtained prior to commencing the work, shall be 150% of the amount of the fee required for the timely filing of the application, as such fees may from time to time be set by ordinance or resolution of the Board of Commissioners.