§ 103.1. Creation of enforcement
agency. The Office of Life Safety and Code Enforcement shall
be responsible for administering and enforcing this code. The Director
of the Office of Life Safety and Code Enforcement shall be hired by
the Township Manager and shall be certified by the Commonwealth of
Pennsylvania to serve as the Township's Building Official. For the
purpose of this code, the Director of Life Safety and Code Enforcement
shall be referred to as the Building Official.
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§ 108.2 Schedule of permit fees. A fee schedule shall be adopted by resolution of the Board of Supervisors
of East Caln Township, which may be amended from time to time.
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§ 112. Board of Appeals.
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§ 112.1. General. The
Township shall, by agreement with one or more other municipalities,
form an intergovernmental Board of Appeals, which Board shall hear
and decide appeals of orders, decisions or determinations made by
the respective municipalities' building official relative to the application
and interpretation of the municipalities' building code. The members
of the intergovernmental Board of Appeals shall be appointed by the
participating municipalities and shall be governed by rules and regulations
adopted by the participating municipalities. The intergovernmental
Board of Appeals shall adopt rules of procedures for conducting its
business.
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§ 113.4. Violation penalties. Any person who violates or permits the violation of any provision
of this chapter or who shall fail to comply with any of the requirements
thereof or who shall erect, construct, alter or repair any building
or structure in violation of either an approved plan, a directive
of the Building Official or of a permit or certificate issued under
the provisions of this chapter shall, upon conviction thereof in a
summary proceeding brought before a Magisterial District Judge under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be subject to the payment of a fine of not less
than $250 and not more than $1,000, plus court costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
in the County Prison for a term of not more than 90 days. Each section
or provision of this article that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this
article is found to exist shall constitute a separate offense, each
of which violations shall be punishable by a separate fine imposed
by the Magisterial District Judge of not less than $250 and not more
than $1,000, plus costs of prosecution, or upon default of payment
thereof, the defendant may be sentenced to imprisonment in the County
Prison for a term of not more than 90 days. All fines and penalties
collected for the violation of this article shall be paid to the Township
Treasurer.
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§ 114.3. Unlawful continuance. 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, upon conviction thereof in a summary proceeding brought before
a Magisterial District Judge under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be subject to
the payment of a fine of not less than $250 and not more than $1,000,
plus court costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the County Prison for
a term of not more than 90 days. Each section or provision of this
article that is violated shall constitute a separate offense, and
each day or portion thereof in which a violation of this article is
found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the Magisterial
District Judge of not less than $250 and not more than $1,000, plus
costs of prosecution, or upon default of payment thereof, the defendant
may be sentenced to imprisonment in the County Prison for a term of
not more than 90 days. All fines and penalties collected for the violation
of this article shall be paid to the Township Treasurer.
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The definitions of "Agricultural Building" and
"Utility and Miscellaneous Use Structure" in Section 103 of the Act
of November 10, 1999 [P.L. 491, No. 45], known as the Pennsylvania
Construction Code Act.
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§ 103. DEFINITIONS:
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ADDITION — An extension or increase
in floor area or height of a building or structure.
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AGRICULTURAL BUILDING — A structure
utilized to store farm implements, hay, feed, grain or other agricultural
or horticultural products or to house poultry, livestock, other farm
animals, or milk house. The term includes a carriage house owned and
used by members of a recognized religious sect for the purposes of
housing horses and storing buggies. The term shall not include habitable
space or spaces in which agricultural products are processed, treated
or packaged and shall not be construed to mean a place of occupancy
by the general public.
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ALTERATION — Any construction
or renovation to an existing structure other than repair or addition.
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RECREATIONAL CABIN — A structure
which is: (1) utilized principally for recreational activity; (2)
not utilized as a domicile or residence for any individual for any
period; (3) not utilized for commercial purposes; (4) not greater
than two stories in height, excluding basement; (5) not utilized by
the owner or any other person as a place of employment; (6) not a
mailing address for bills and correspondence; (7) not listed as an
individual's place of residence on a tax return, driver's license,
car registration or voter's registration.
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REPAIR — The reconstruction
or renewal of any part of an existing building for the purpose of
its maintenance.
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RESIDENTIAL BUILDING — Detached
one-family and two-family dwellings and multiple single-family dwellings
which are not more than three stories in height with a separate means
of egress which includes accessory structures.
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UTILITY AND MISCELLANEOUS USE STRUCTURES — Buildings
or structures of any accessory character and miscellaneous structures
not classified by the Building Officials and Code Administrators International,
Inc., in any specific use group. The term includes carports, detached
private garages, greenhouses and sheds having a building area less
than [500] 1,000 square feet. The term does not include swimming pools
or spas.
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B.
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Exclusions. This Act shall not apply to:
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(1)
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New buildings or renovations to existing buildings
for which an application for a building permit has been made to the
municipality prior to the effective date of the regulations promulgated
under this Act;
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(2)
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New buildings or renovations to existing buildings
on which a contract for design or construction has been signed prior
to the effective date of the regulations promulgated under this act
on projects requiring department approval;
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(3)
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Utility and miscellaneous use structures that
are accessory to detached one-family dwellings; [or]
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(4)
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Any agricultural building;
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(5)
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Alterations to residential buildings which do
not make structural changes or changes to means of egress, except
as might be required by ordinances in effect pursuant to Section 303(b)(1)
or adopted pursuant to Section 503. For purposes of this paragraph,
a structural change does not include a minor framing change needed
to replace existing windows or doors;
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(6)
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Repairs to residential buildings, except as
might be required by ordinances in effect pursuant to Section 303(b)(1)
or adopted pursuant to Section 503;
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(7)
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Any recreational cabin if: (1) The cabin is
equipped with at least one smoke detector, one fire extinguisher and
one carbon monoxide detector in both the kitchen and sleeping quarters;
and the municipality either: (a) An affidavit on a form prescribed
by the department attesting to the fact that the cabin meets the definition
of a "recreational cabin" in Section 103; or (b) A valid proof of
insurance for the recreational cabin, written and issued by an insurer
authorized to do business in this Commonwealth, stating that the structure
meets the definition of a "recreational cabin" as defined in Section
103.
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B.1.
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Continuity of exclusion. (1) If a recreational
cabin is subject to exclusion under Subsection (B)(7), upon transfer
of ownership of the recreational cabin, written notice must be provided
in the sales agreement and the deed that the recreational cabin: (i)
is exempt from this act; (ii) may not be in conformance with the uniform
construction code; and (iii) is not subject to municipal regulation.
(2) Failure to comply with the notice requirement under paragraph
(1) shall render the sale voidable at the option of the purchaser.
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A.
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Regulations.
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(8)
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The regulations shall exclude Section R313.1.1
of the 2006 International Residential Code for One- and Two-Family
Dwellings or its successor code from applying to existing one-family
and two-family unit dwellings undergoing alterations, repairs or additions
but shall include provisions requiring noninterconnected battery-operated
smoke alarms in one-family and two-family dwellings in accordance
with Section R313.1.1 of the 2006 International Residential Code for
One- and Two-Family Dwellings.
[Amended 12-20-2006 by Ord. No. 2006-05] |
§ 501. Administration and enforcement.
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A.1.
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Counties of the Second Class. Notwithstanding the provisions of Subsection A, a municipality located within a county of the second class shall not administer and enforce plumbing code provisions of an ordinance adopting the Uniform Construction Code and incorporated codes for the purposes of Section 302A. A county of the second class that has adopted a plumbing code and accompanying rules and regulations, pursuant to the Act of August 24, 1951 (P.L. 1304, No. 315), known as the Local Health Administration Law, shall retain the authority to promulgate and enforce such plumbing code and to make such changes as it deems necessary, provided that such changes meet the minimum requirements as defined in the Uniform Construction Code.
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G.
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Technical assistance to municipalities. The
Governor's Center for Local Government Services in the Department
of Community and Economic Development shall be the principal agency
for the developing and providing technical assistance municipalities
for implementing, administrating and enforcing the provisions of this
Act.
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§ 106.1 Construction documents: add new sentence to read: "All applicable construction documents
shall bear the Index and File Information provided for the project
by the Pennsylvania Department of Labor and Industry."
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§ 110.1.1 Certificate of occupancy: Building Numbering and Identification: All buildings and structures
shall be equipped with address numbers; visible from the center line
of the street; of a size that is easily recognizable and of a contrasting
color so as to allow easy identification. On buildings and structures,
other than residential occupancies, the size of these numbers will
range from 18 inches to four feet in size. On residential properties
the mailbox will be marked on both sides with three inches Gothic
numbers and where no mailbox exists with numbers on the front door
or garage door of no less than three inches Gothic in size and readable
from the center line of the road.
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§ 110.5. Use and occupancy required: add new section to read: "Whenever a building or structure is sold or space within a building or structure is sold or re-occupied, it shall not be used or re-occupied until the Building Official has caused an inspection thereof to be made; and the building is found to be in compliance with this article; and the new occupancy in compliance with the East Caln Township Zoning Ordinance [Chapter 225] and the East Caln Township Subdivision and Land Development Ordinance [Chapter 185]. Applications shall be in writing and made to the Building Code Official, who shall act thereon within 15 days. Use and Occupancy Permits shall be in a form prescribed by the Building Code Official."
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§ 903 Automatic sprinkler systems: shall be amended to read as follows and affect Sections 903.1 through
903.2.13: "An automatic fire suppression system shall be installed
in all occupancies, regardless of area, size or height. Exception:
detached single-family dwellings."
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§ 906 Portable fire extinguishers: A portable fire extinguisher(s) shall be installed in the following locations in accordance with the International Fire Code, 2006 Edition, codified in Chapter 35: (1) In all Use Groups, (2) In all areas containing a commercial kitchen exhaust hood system(s), (3) In all areas where fuel is dispensed, (4) In all areas where a flammable or combustible liquid is used in the operation of spraying, coating or dipping, (5) In all occupancies in Use Group 1-3 at staff locations [access to portable extinguishers shall be permitted to be locked], (6) On each completed floor of buildings under construction. Exception: Use Group R-3, (7) In any laboratory, shop or other room occupied for similar purposes, (8) Where required by the Township's Fire Prevention Code, referenced within Chapter 90 of the Township Code.
[Amended 12-20-2006 by Ord. No. 2006-05] |
§ 907.2 Fire alarm and detection
systems: shall be amended to read as follows and affect Sections
907.21 through 907.2.9: "An automatic fire alarm system shall be required
in all Use Groups, regardless of area, size or height. Exception:
buildings of Use Group R-3 and R-4."
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§ 1006.1 Illumination requirements: shall be modified to delete the exception noted in No. 1, 2 and
3.
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§ 1006.1.1 Illumination requirements: A section shall be added to include in the areas requiring illumination:
(1) All public restroom facilities, (2) all meeting, conference, lunch
or break rooms with a capacity of 10 or more persons.
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§ 3406.4 Change in ownership/principal
parties: Whenever there is a change in ownership, principals
or parties of interest (in the case of corporations or other business
entities) of an existing building or structure as to which a use and
occupancy permit would be required for its initial use and occupancy;
or upon written request of the owner of an existing building or structure,
a certificate of use and occupancy shall be required. Said document
shall be issued providing there are no violations of the law or orders
of the code official pending, and it is established after inspection
and investigation that the use of which the permit is to be issued
has theretofore lawfully existed. This code shall not require removal,
alteration or abandonment of, or prevent the continuation of, the
lawful use and occupancy of an existing building or structure, unless
such use is deemed to endanger public safety and welfare. It shall
be the responsibility of the new owner to obtain said certificate
prior to occupancy.
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