Township of Hatfield, PA Chapter 112 Construction Codes, Uniform

[HISTORY: Adopted by the Board of Commissioners of the Township of Hatfield 6-9-2004 by Ord. No. 528 (Ch. 5 of the 1994 Code); amended in its entirety 3-28-2007 by Ord. No. 557. Subsequent amendments noted where applicable.]

§ 112-1 Election to enforce.

Hatfield Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended, and its regulations.

§ 112-2 Adoption of Uniform Construction Code.

[Amended 12-21-2009 by Ord. No. 593; 7-27-2022 by Ord. No. 700]

The Uniform Construction Code contained in 34 Pa. Code Chapters 401 to 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the Municipal Building Code of Hatfield Township, together with the following adoptions, modifications, and appendixes:

A. 2018 International Residential Building Code.

(1) Appendix F (Passive Radon Control Methods).

(2) Appendix H (Patio Covers).

(3) Appendix J (Existing Building and Structures).

(4) Appendix M (Home Day Care - R-3 Occupancy).

B. 2018 International Fire Code. The 2018 International Fire Code is adopted by reference as the Hatfield Township Fire Code, with the following adoptions, modifications, and appendixes:

(1) Any Hatfield Township fire marshal shall be considered a Hatfield Township fire code official.

(2) Violations of the requirements of the Fire Code shall be considered summary offenses, subject to a fine of no more than $600 and/or 30 days' imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(3) All references to "fire chief" shall be replaced with "fire code official."

(4) The fire code official shall have the authority to issue citations for obstructions of fire apparatus access roads, fire lanes and fire protection equipment on public or private property. Obstruction of a fire apparatus access road or fire lane is punishable by a fine as established by the Board of Commissioners and set forth in the Hatfield Township Fee Schedule,[1] which fine may be amended from time to time by resolution of the Board of Commissioners.

[1] Editor's Note: See Ch. A287, Fee Schedules.

(5) Building address numbers shall be a minimum of six inches (152.4 mm) high with a minimum stroke width of 0.75 inch (19.05 mm).

(6) The fire code official shall have the authority to assign addresses, suite numbers and require signage as needed to insure for appropriate and consistent identification of buildings, occupancies, fire protection equipment and safety hazards for the emergency services. All signage shall be located as directed by the fire code official.

(7) The following appendixes are adopted and shall be enforced at the discretion of the fire code official:

(a) Appendix B (Fire-Flow Requirements for Buildings).

(b) Appendix C (Fire Hydrant Locations and Distribution).

(c) Appendix D (Fire Apparatus Access Roads).

(d) Appendix E (Hazard Categories).

(e) Appendix F (Hazard Ranking).

(f) Appendix G (Cryogenic Fluids-Weight and Volume Equivalents).

(g) Appendix I (Fire Protection Systems-Noncompliant Conditions).

(8) A new Appendix Z is added to the Hatfield Township Fire Code, as follows:

Appendix Z. Fire and Life Safety Inspection Program.

Z101. A Fire and Life Safety Inspection Program is hereby established.

Z102. The Fire and Safety Inspection Program is designed to increase the level of the health and safety of building occupants through a comprehensive program of education, inspection and enforcement.

Z103. The Fire Marshal shall be the administrator of the Fire and Life Safety Inspection Program.

Z104. All nonresidential facilities/buildings, multifamily residential buildings and all residential rental units shall be inspected under this program.

Z105. Inspections shall be based on the fire, health and safety code requirements established within the current versions of the International Fire Code and International Property Maintenance Code.

Z106. All nonresidential facilities/buildings shall be inspected on a schedule established by the Fire Marshal. All multifamily residential buildings and all rental units shall be inspected annually. Inspections shall be performed by employees of the Safety and Code Enforcement Department, or other qualified inspectors assigned by the Township.

Z107. The inspector shall provide the owner/occupant with a written list of code violations (if any), and a date by which all violations must be corrected.

Z108. Fees for the Fire and Life Safety Inspection Program shall be established by the Board of Commissioners and shall be set forth in the Hatfield Township Fee Schedule.[2] Said fees may be amended from time to time by resolution of the Board of Commissioners.

Z108.1. The inspection fee shall cover the initial inspection and one follow-up inspection (if needed) for each inspection cycle.

Z108.2 Each additional inspection required beyond the first follow-up inspection shall be subject to an additional inspection fee until code compliance is achieved.

Z109. Failure to allow access for the inspector to perform the inspection within 30 calendar days of notification of the inspection may result in an enforcement action initiated by the Township.

Z110. Failure to correct all code violations within an established time frame may result in an enforcement action initiated by the Township.

Z111. Failure to pay the required inspection fee(s) within 30 days of the receipt of an invoice therefor may result in an enforcement action initiated by the Township.

Z112. Violations and Penalties. Failure to adhere to the requirements of this Appendix Z may result in an enforcement action initiated by the Township. If a person or entity is found guilty of violating this Appendix Z, a fine shall be levied in the maximum amount of $600 per offense, plus court costs and attorneys' fees. In default of payment thereof, a violator shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation continues after the expiration of the initial period to correct such violation(s) shall constitute a separate offense.

[2] Editor's Note: See Ch. A287, Fee Schedules.

§ 112-3 Administration and enforcement.

Administration and enforcement of the Pennsylvania Construction Code Act, as amended, and its regulations, within Hatfield Township shall be undertaken in any of the following ways as determined by the Board of Commissioners from time to time by resolution:

A. By the designation of an employee of Hatfield 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 Hatfield Township;

C. By agreement with one or more other municipalities for the joint administration and enforcement of the code through an intermunicipal agreement;

D. By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of Hatfield Township;

E. By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.

§ 112-4 Establishment of board of appeals.

A board of appeals has been established by resolution of the Board of Commissioners in conformity with the requirements of the relevant provisions of the Pennsylvania Construction Code Act, as amended, and its regulations, 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.

§ 112-5 Effect on prior ordinances.

A. All building code ordinances or portions of ordinances which were adopted by Hatfield Township on or before July 1, 1999, and which equal or exceed the requirements of the Pennsylvania Construction Code Act, as amended, and its regulations, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Pennsylvania Construction Code Act and its regulations, as amended, from time to time.

B. All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter and whose requirements are less than the minimum requirements of the Pennsylvania Construction Code Act, and its regulations, are hereby amended to conform with the comparable provisions of the Pennsylvania Construction Code Act, and its regulations.

C. All relevant ordinances, regulations and policies of Hatfield Township not governed by the Pennsylvania Construction Code Act and its regulations shall remain in full force and effect.

§ 112-6 Modifications to standards.

[Amended 10-8-2014 by Ord. No. 652; 5-25-2016 by Ord. No. 664; 7-27-2022 by Ord. No. 700]

Technical modifications to the municipal building code of Hatfield Township are as follows:

A. Private garages located below all Residential Group R and Institutional Group I-1 use habitable space shall be separated from adjacent interior spaces by fire partitions, floors and ceilings which are constructed with not less than a one-hour fire-resistance rating. Attached private garages shall be completely separated from the adjacent interior spaces and the attic area by means of five-eighths-inch fire code gypsum wallboard or the equivalent applied to the garage side. The sills of all door openings between the garage and adjacent interior spaces shall be raised no less than four inches (102 mm) above the garage floor. The door opening protectives shall be one-and-three-fourths-inch solid core wood doors or approved equivalent with a self-closing device. All other code requirements relating to attached garages are retained.

B. Notwithstanding anything to the contrary in this code, the requirements for fire separations in twin, townhouse, duplex, triplex, and fourplex dwellings shall be as follows: one- and two-family dwelling units attached to other dwelling units shall be completely separated from the attached dwelling units by wall assemblies of not less than two-hour fire-resistant construction. Dwelling units located above other dwelling units shall be completely separated from the other dwelling units by floor/ceiling assemblies of not less than two-hour fire-resistant construction. Any projections, overhangs, supporting construction or additional locations at which a fire-resistant rating is required, a minimum two-hour fire-resistance rating shall be provided. The construction methods and materials associated with these fire-resistance assemblies shall be in accordance with the municipal building code of Hatfield Township. Note that the terms "twin, townhouse, duplex, triplex, and fourplex dwelling" shall include any configuration in which one- and two-family dwelling units share common wall or floor/ceiling construction. All other code requirements relating to the separation of dwelling units are retained.

C. 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.

D. Automatic fire sprinkler systems shall be installed and maintained in full operating condition, in the locations indicated in this section:

(1) Use Group A. In all buildings or structures with an occupancy load of 100 or more.

(2) Use Groups H, I, R-1, R-2. In all buildings or structures or portions thereof.

(3) Use Groups B, E, F, M, S, U. In all buildings or structures or portions thereof when more than 5,000 square feet in area or 35 or more feet in height.

(4) All use groups. In any portion of a structure below a residential occupancy. Exception: R-3 and R-4 occupancies.

(5) All use groups. In any below-grade area of 500 square feet or more. Exception: R-3 and R-4 occupancies, where the area limit shall be 2,000 square feet.

(6) Painting rooms. In spray-painting rooms or shops where painting, brushing, dipping or mixing is regularly conducted using flammable materials.

(7) Trash rooms and chutes. In rooms or areas used for incineration, trash and laundry collection and similar uses; and at alternate floor levels and at the top of all chutes used in conjunction with these rooms or areas.

(8) Furnace rooms. In furnace rooms, boiler rooms and rooms for similar uses. Exception: one- and two-family dwellings.

§ 112-7 Fees.

Fees assessable by Hatfield Township for the administration and enforcement undertaken pursuant to this chapter and the Pennsylvania Construction Code Act and its regulations shall be established by the Board of Commissioners by resolution from time to time.

§ 112-8 Repeal and ratification.

In the event that there is any conflict between the provisions of this chapter and any other duly enacted ordinance of the Township, the provisions in this chapter shall prevail. Any other terms and provisions of the ordinances of the Township that are unaffected by this chapter are hereby reaffirmed and ratified.

§ 112-9 Disclaimer.

Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued, or any cause or causes of action existing under the ordinances of the Township of Hatfield prior to enactment of this chapter.

§ 112-10 Violations and penalties.

[Amended 7-27-2022 by Ord. No. 700]

Any person who fails to correct a violation or institute a remedial action as ordered by a fire code official or who violates a provision or fails to comply with any requirements of this chapter or of the other applicable provisions of the Township Code shall be subject upon summary conviction, for each violation, to a fine not exceeding $600, plus costs or prosecution, and, in default of payment of such fine and cost, to imprisonment not exceeding 30 days. Each day's failure to comply herewith shall constitute a separate offense.