[Ord. 128, 6/1/2004, § 1]
1.
Election. Pursuant to § 501 of the Pennsylvania Construction
Code Act, 35 P.S. § 7210.501, as amended, the Township hereby
elects to administer and enforce the provisions of the Pennsylvania
Construction Code Act, 35 P.S. § 7210.101, as amended.
2.
Methods for Administration and Enforcement. The Township shall administer
and enforce the Pennsylvania Construction Code Act under one or more
of the methods established in Section 501(b) of the Pennsylvania Construction
Code Act, 35 P.S. § 7210.501(b), as amended, as determined
from time to time by resolution of the Township Board of Supervisors;
provided, that any Township administration and enforcement of the
Pennsylvania Construction Code Act through an agreement with one or
more municipalities or the Pennsylvania Department of Labor and Industry
shall be subject to the requirements of the Intergovernmental Cooperation
Act, 53 Pa.C.S.A. § 2301 et seq., as amended.
[Ord. 128, 6/1/2004, § 2; as amended by Ord. 142,
3/6/2007, § 1; and by Ord. 161, 5/4/2010, § 1]
1.
Adoption of Uniform Construction Code. For the purposes described
in § 102 of the Pennsylvania Construction Code Act, 35 P.S.
§ 7210.102, as amended, and this Part, the Township hereby
adopts the Uniform Construction Code, 34 Pa.Code Part XIV, as amended,
and the standardized codes adopted thereunder as promulgated by the
Pennsylvania Department of Labor and Industry, as the official Construction
Code of Frazer Township for regulating and governing the construction,
alteration, repair, movement, equipment, removal, demolition, location,
maintenance, occupancy or change of occupancy of every building or
structure; and each and all of the regulations, provisions, penalties,
conditions and terms of said Uniform Construction Code are hereby
referred to, adopted, and made a part hereof, as if fully set out
in this Part, with any additions, insertions, deletions and changes,
if any, prescribed in this Part.
2.
Existing Township Building Codes. Pursuant to § 303(b)(1)
of the Pennsylvania Construction Code Act, 35 P.S. Q7210.303(13)(1),
as amended, Township building code ordinances, including but not limited
to the Township ordinances listed below, which were originally adopted
prior to July 1, 1999, or reenactments of provisions of simultaneously
repealed ordinances which were originally adopted prior to July 1.
1999, which contain provisions which equal or exceed the specific
requirements of the regulations promulgated under the Pennsylvania
Construction Code Act shall remain in effect until such time as any
such provisions fail to equal or exceed the minimum requirements of
the regulations promulgated under the Pennsylvania Construction Code
Act.
[Ord. 128, 6/1/2004, § 3; as amended by Ord. 137,
7/5/2005; by Ord. 142, 3/6/2007, § 2; and Ord. 161, 5/4/2010,
§ 2]
The following sections and subsections of the above-referenced
Uniform Construction Code and standardized codes adopted thereunder
are hereby added, inserted, deleted, restated or changed as set forth
below:
A.
International Building Code.
B.
International Energy Conservation Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Commonwealth
of Pennsylvania" in the space provided.
(2)
Section 108.4: § 108.4 is restated in its entirety as follows:
108.4 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 liable for violation penalties pursuant to § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties).
C.
International Existing Building Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Commonwealth
of Pennsylvania" in the space provided.
(2)
Section 112: § 112 is restated in its entirety as follows: "See § 5-105 of the Frazer Township Code of Ordinances (Board of Appeals)."
(3)
Section 1301.2: § 1301.2 is amended by inserting "March
2, 1989, [Ordinance No. 65]" in the space provided.
D.
International Fire Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Commonwealth
of Pennsylvania" in the space provided.
(2)
Section 108: § 108 is restated in its entirety to include the following reference: "See § 5-105 of the Frazer Township Code of Ordinances (Board of Appeals)."
(3)
Section 109.3: § 109.3 is restated in its entirety as follows:
109.3 Violation penalties. See § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties).
(4)
Section 111.4: § 111.4 is restated in its entirety as follows:
111.4 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 liable for violation penalties pursuant to § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties).
(5)
(6)
Section 3404.2.9.6.1: 3404.2.9.6.1 is amended by inserting the following
text in the space provided: "Storage limits shall be in accordance
with NFPA 30, Flammable and Combustible Liquids Code, as revised."
(7)
Section 3406.2.4.4: § 3406.2.4.4 is amended by inserting
the following text in the space provided: "Storage limits shall be
in accordance with NFPA 30, Flammable and Combustible Liquids Code,
as revised."
(8)
Section 3506.2: § 3506.2 is amended by inserting the following
text as the last sentence: "Storage limits shall be in accordance
with NFPA 55, Standard for Storage, Use and Handling of Compressed
Gasses and Cryogenic Fluids in Portable and Stationary Containers,
Cylinders and Tanks, as revised."
(9)
Section 3804.2: § 3804.2 is amended by inserting the following
text in the space provided: "Storage limits shall be in accordance
with NFPA 59A, Standard for the Production, Storage, and Handling
of Liquefied Natural Gas (LNG) (US Standards), as revised."
E.
International Fuel Gas Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Commonwealth
of Pennsylvania" in the space provided.
(2)
Section 106.6.2: § 106.6.2 is restated as follows:
106.5.2 Fee schedule, Fees for applications, permits and inspections
referenced in this code shall be established, from time to time, by
resolution of the Board of Supervisors of the Township.
(3)
Section 106.6.3: § 106.6.3 is deleted in its entirety.
(4)
Section 108.4: § 108.4 is restated in its entirety as follows:
108.4 Violation penalties. See § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties).
(5)
Section 108.5: § 108.5 is amended to restate the last sentence as follows: "Any person who shall continue any work on the system 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 liable for violation penalties pursuant to § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties)."
F.
International Mechanical Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Commonwealth
of Pennsylvania" in the space provided.
(2)
Section 106.5.2: § 106.5.2 is restated as follows:
106.5.2 Fee schedule. Fees for applications, permits and inspections
referenced in this code shall be established, from time to time, by
resolution of the Board of Supervisors of the Township.
(3)
Section 106.5.3: § 106.5.3 is deleted in its entirety.
(4)
Section 108.4: § 108.4 is restated in its entirety as follows:
108.4 Violation penalties. See § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties).
(5)
Section 108.5: § 108.5 is amended by restating the last sentence as follows: "Any person who shall continue any work on the system 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 liable for violation penalties pursuant to § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties)."
G.
International Plumbing Code (subject to the restrictions of § 501(a.1)
of the Pennsylvania Construction Code Act, 35 P.S. § 7210.501(a.1),
as amended).
(1)
Section 101.1: § 101.1 is amended by inserting "Commonwealth
of Pennsylvania" in the space provided.
(2)
Section 106.6.2: § 106.6.2 is restated as follows:
106.6.2 Fee schedule. Fees for applications, permits and inspections
referenced in this code shall be established, from time to time, by
resolution of the Board of Supervisors of the Township.
(3)
Section 106.6.3: § 106.6.3 is deleted in its entirety.
(4)
Section 108.4: § 108.4 is restated in its entirety as follows:
108.4 Violation penalties. See § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties).
(5)
Section 108.5: § 108.5 is amended by restating the last sentence as follows: "Any person who shall continue any work on the system 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 liable for violation penalties pursuant to § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties)."
(6)
Section 109: § 109 is restated in its entirety to include the following reference: "See § 5-105 of the Frazer Township Code of Ordinances (Board of Appeals)."
(7)
Section 305.6.1: § 305.6.1 is amended by inserting "36
inches" in the spaces provided.
(8)
Section 904.1: § 904.1 is amended by inserting "12 inches"
in the space provided.
H.
International Residential Code.
(1)
Section R101.1: § R101.1 is amended by inserting "Commonwealth
of Pennsylvania" in the space provided.
(2)
Section R108.5: § R108.5 is deleted in its entirety.
(3)
Section R112: § R112 is restated in its entirety to include the following reference: "See § 5-105 of the Frazer Township Code of Ordinances (Board of Appeals)."
(4)
Table R301.2(1): Table R301.2(1), Climatic and Geographic Design
Criteria, is amended by inserting the following information in the
spaces provided:
(5)
Section P2603.6.1: § P2603.6.1 is amended by inserting
"36 inches" in the spaces provided.
I.
International Wildland-Urban Interface Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Commonwealth
of Pennsylvania" in the space provided.
(2)
Section 103: § 103 is restated in its entirety to include the following reference: "See § 5-104 of the Frazer Township Code of Ordinances (Township Building Code Official)."
(3)
Section 106: § 106 is restated in its entirety to include the following reference: "See § 5-105 of the Frazer Township Code of Ordinances (Board of Appeals)."
(4)
Section 109.4.7: § 109.4.7 is restated in its entirety
as follows:
109.4.7 Violation penalties. See § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties).
(5)
Section 114.4: § 114.4 is restated in its entirety as follows:
114.4 Failure to comply. Any person who shall continue any work on the system 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 liable for violation penalties pursuant to § 5-106 of the Frazer Township Code of Ordinances (Violations and Penalties).
[Ord. 128, 6/1/2004, § 4]
The Pennsylvania Construction Code Act, 35 P.S. § 7210.101
et seq., as amended, and the Uniform Construction Code, 34 Pa.Code,
Part XIV, as amended, shall govern the Building Code Official employed
and/or retained by the Township to administer and enforce the Pennsylvania
Construction Code Act and the Uniform Construction Code (the "Township
Building Code Official"), and shall be further supplemented as follows:
A.
Delegation of Duties. The Township Building Code Official shall not,
without the prior approval of the Township Board of Supervisors or
its designee:
B.
Records. The Township Building Code Official shall keep official
records of applications received, permits and certifications issued,
fees collected, reports of inspections, and notices, modifications
and orders issued. Such records shall be maintained as official records
of the Township and shall only be disposed of in accordance with applicable
law.
[Ord. 128, 6/1/2004, § 5]
The Pennsylvania Construction Code Act, 35 P.S. § 7210.101
et seq., as amended, and the Uniform Construction Code, 34 Pa.Code,
Part XIV, as amended, shall govern the Township Board of Appeals established
pursuant to § 501(c) of the Pennsylvania Construction Code
Act, 35 P.S. § 7210.501(c), as amended, and shall be further
supplemented as follows:
A.
Application for Appeal. Any applicant or person aggrieved by a decision
of a Township official related to the Uniform Construction Code or
a notice or order issued under the Uniform Construction Code shall
have the right to appeal to the Board of Appeals of Frazer Township
established under this section, provided that a written application
for an appeal is filed within 10 days after receipt of said decision,
notice or order, along with payment of an appeal hearing fee in an
amount set from time to time by resolution of the Township Board of
Supervisors. An application for appeal shall be based on a claim that
the true intent of the Pennsylvania Construction Code Act, or the
Uniform Construction Code, or this Part, or the rules legally adopted
thereunder has been incorrectly interpreted, the provisions of the
Pennsylvania Construction Code Act, or the Uniform Construction Code,
or this Part do not fully apply, or an equivalent form of construction
is to be used. Failure to submit an application for appeal within
the time limit established by this section shall constitute acceptance
of the Township official's decision and/or a waiver of the individual's
right to appeal.
B.
Establishment. In order to hear and decide appeals of orders, decisions
or determinations made by Township officials relative to the application
and interpretation of the Pennsylvania Construction Code Act and the
Uniform Construction Code, as well as requests for variances or extensions
of time thereunder, there shall be and is hereby created a Board of
Appeals for Frazer Township pursuant to § 501(c) of the
Pennsylvania Construction Code Act, 35 P.S. § 7210.501(c),
as amended.
C.
Membership. The Township Board of Appeals shall consist of three
persons appointed by the Township Board of Supervisors to hold office
at the pleasure of the Township Board of Supervisors. Each member
of the Board of Appeals shall be appointed for a term of three years
or until his/her successor is appointed and qualified, which term
shall expire on the first Monday of January of the year designated
for the expiration of his/her term, except that the terms of the members
first appointed pursuant to this Part shall be so fixed so that the
term of office of one member shall expire each year. An appointment
to fill a vacancy shall be only for the unexpired term.
D.
Alternate Members. The Township Board of Supervisors shall appoint
two alternate members who shall be called to hear appeals during the
absence or disqualification of a member. Alternate members shall possess
the qualifications required for board membership and shall be appointed
for a term of two years or until his/her successor is appointed and
qualified, which term shall expire on the first Monday of January
of the year designated for the expiration of his/her term, except
that the terms of the alternate members first appointed pursuant to
this Part shall be so fixed so that the term of office of one alternate
member shall expire each year. An appointment to fill a vacancy shall
be only for the unexpired term.
E.
Qualifications. Each member or alternate member of the Board of Appeals
shall satisfy the following qualifications:
(1)
A member of the Board of Appeals shall be qualified pursuant to the
requirements of § 403.121(c)(1) of the Uniform Construction
Code, 34 Pa.Code § 403.121(c)(1), as amended.
(2)
Members of the Township Board of Supervisors and its code administrators
shall not serve on the Board of Appeals pursuant to § 403.121(c)(3)
of the Uniform Construction Code, 34 Pa.Code § 403.121(c)(3),
as amended.
(3)
A qualified person who resides outside of the Township may be appointed
as a member of the Board of Appeals when the Township Board of Supervisors
cannot find a person residing within the Township who satisfies the
requirements of § 403.121(c) of the Uniform Construction
Code, 34 Pa.Code § 403.121(c), as amended.
F.
Regulations and Procedures. The Board of Appeals is authorized to
establish policies and procedures necessary to carry out its duties
as long as any such policies and procedures do not conflict with the
provisions of the Pennsylvania Construction Code Act, the Uniform
Construction Code, this Part or any other ordinance of the Township.
G.
Organization of Board.
(1)
The Board of Appeals shall elect from its own membership a Chairperson,
Vice Chairperson and such other officers as it deems appropriate,
who shall serve annual terms as such and may succeed themselves. For
the conduct of any hearing or meeting and the taking of any action,
a quorum shall be not less then a majority of all the regular members
of the Board.
(2)
If, by reason of absence or disqualification of a member, a quorum
is not reached, the Chairperson of the Board of Appeals shall designate
as many alternate members of the Board to sit on the Board as may
be needed to provide a quorum. Any alternate member of the Board shall
continue to serve on the Board in all proceedings involving the matter
or case for which the alternate was initially appointed until the
Board has made a final determination of the matter or case. Designation
of an alternate pursuant to this section shall be made on a case-by-case
basis.
(3)
The Board shall keep full public records of its business, which records
shall be the property of the Township, and shall submit a report of
its activities to the Township Board of Supervisors as requested.
H.
Hearing Procedures. All hearings before the Board of Appeals shall
be open to the public. The appellant, the appellant's representative,
the Township's representative and any applicant or person aggrieved
pursuant to paragraph .A above shall be given the opportunity to be
heard. The Chairperson of the Board or Appeals, or its counsel, shall
have the power and duty to direct the meeting, rule upon the acceptance
of evidence and oversee the record of all proceedings. These hearing
procedures shall not require compliance with the strict rules of evidence,
but shall mandate that only relevant information be received.
I.
Jurisdiction and Powers. The Board of Appeals shall have the powers
and duties as provided by the Pennsylvania Construction Code Act,
35 P.S. § 7210.101 et seq., as amended, the Uniform Construction
Code, 34 Pa.Code, Part XIV, as amended, this Part and any other ordinances
adopted from time to time by the Township Board of Supervisors.
J.
Assignment of Additional Duties and Responsibilities. The Board of
Appeals shall have such other duties and responsibilities as may be
assigned to it from time to time by appropriate action of the General
Assembly of the Commonwealth of Pennsylvania or the Township Board
of Supervisors.
[Ord. 128, 6/1/2004, § 6]
1.
General. Any person who violates a provision of the Uniform Construction
Code or the codes adopted thereunder, or this Part, or who fails to
comply with any of the requirements thereof, or who erects, installs,
alters, repairs or does work in violation of the approved construction
documents or directive of the code official, or of a permit or certificate
issued under provisions of the Uniform Construction Code or the codes
adopted thereunder, or this Part, shall be guilty of a summary offense
and subject to such penalties and costs as established in § 903
of the Pennsylvania Construction Code Act, 35 P.S. § 7210.903,
as amended, including reasonable attorney fees incurred by the Township.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of the Uniform
Construction Code, or the codes adopted thereunder, or this Part,
found to have been violated. The Township may also commence appropriate
actions in equity, at law or otherwise to prevent, restrain, correct,
enjoin, or abate violations of the Uniform Construction Code, the
codes adopted thereunder, or this Part. Any action taken by the Township
in the prosecution of a violation of the Uniform Construction Code,
the codes adopted thereunder, or this Part and any costs incurred
by the Township related thereto shall be charged against the real
estate upon which the violation exists and shall be a municipal lien
upon such real estate.
2.
Stop-Work Order. Any person who continues any work after having been
served with a stop-work order under the Uniform Construction Code,
or the codes adopted thereunder, or this Part, except such work as
that person is directed to perform to remove a violation or unsafe
condition, shall be guilty of a summary offense and subject to such
penalties as established in § 903 of the Pennsylvania Construction
Code Act, 35 P.S. § 7210.903, as amended. A separate offense
shall arise for each day or portion thereof in which a violation is
found to exist or for each section of the Uniform Construction Code,
or the codes adopted thereunder, or this Part, found to have been
violated. Any action taken by the Township in the prosecution of a
violation of the Uniform Construction Code, the codes adopted thereunder,
or this Part and any costs incurred by the Township related thereto
shall be charged against the real estate upon which the violation
exists and shall be a municipal lien upon such real estate.
[Ord. 128, 6/1/2004, § 7]
The operation of heavy construction or excavation machinery
(including but not limited to bulldozers, highlifts, backhoes, trucks,
power shovels, pumps and jack hammers) and the use of construction
equipment such as saws, drills or other types of machinery used outside
a structure in conjunction with work requiring a building permit shall
be prohibited when it is determined by the Township Building Code
Official that the noise is sufficient to disturb the peace and tranquility
of the general public. This restriction shall be enforced throughout
the entire Township between the hours of 7:00 p.m. to 7:00 a.m., Mondays
through Saturday and all day Sunday and Federally designated legal
holidays, except in cases of emergencies involving life or property
as designated by emergency personnel.
[Ord. 128, 6/1/2004, § 8]
Unless otherwise provided in the Pennsylvania Construction Code
Act, or the Uniform Construction Code, or otherwise stated herein,
when the provisions of this Part are in conflict with other ordinances
of the Township or any other applicable codes, the more stringent
code or ordinance shall apply. This section is a reenactment of provisions
of Frazer Township Ord. 101 protected by § 303(b) of the
Pennsylvania Construction Code Act, 35 P.S. § 7210.303(b),
as amended.
[Ord. 162, 5/4/2010, § 1]
The Township hereby adopts the International Property Maintenance Code, 2009 Edition, as published by the International Code Council, Inc., as the Property Maintenance Code of Frazer Township for 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 occupation and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Township Office 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 § 5-202 of this Part.
[Ord. 162, 5/4/2010, § 1; as amended by Ord. 178,
3/3/2015, § 1]
The following sections and subsections of the 2009 International
Property Maintenance Code are hereby added, inserted, deleted, restated
or changed as set forth below.
A.
Section 101.1: § 101.1 is amended by inserting "Frazer
Township" in the space provided.
B.
Section 102.3: § 102.3 is restated as follows:
102.3 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 Chapter 5, Part 1, of the Frazer Township Code of Ordinances, Construction Code, as amended (hereinafter referred to as the "Township Construction Code"). Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Chapter 27 of the Frazer Township Code of Ordinances, Zoning, as amended (hereinafter referred to as the "Zoning Ordinance").
C.
Section 103: § 103 is amended by changing the title of
the section to "Office of Code Administration/Building Inspection."
D.
Section 103.1: § 103.1 is restated as follows:
103.1 General. The Office of Code Administration/Building Inspection
is hereby created by the Township Board of Supervisors and is charged
with the implementation, administration and enforcement of the provisions
of this code.
E.
Section 103.2: § 103.2 is restated as follows:
103.2 Appointment. The Township Board of Supervisors shall appoint
a Code Official/Building Inspector who shall be part of the Office
of Code Administration/Building Inspection. For the purposes of this
code, the Code Official/Building Inspector shall also be referred
to as the "Code Official." The Township Board of Supervisors may appoint
and contract with outside persons and entities to serve as subcontractors
for the performance of such portions of the inspection or other duties
of the Code Official as the Township Board of Supervisors may deem
appropriate.
F.
Section 103.5: § 103.5 is restated as follows:
103.5 Fees. The fees for applications, certificates, and permits
referenced in this code and for the activities and services performed
by the code official in carrying out his/her responsibilities under
this code shall be established, from time to time, by resolution of
the Township Board of Supervisors.
G.
Section 106.3: § 106.3 is amended by restating the last
sentence of the section as follows:
"Any action taken by the Township in the prosecution of a violation
of this code and any costs incurred by the Township related thereto
shall be charged against the real estate upon which the violation
exists and shall be a municipal lien upon such real estate."
H.
Section 106.4: § 106.4 is restated as follows:
106.4 Violation Penalties. Any person, firm or corporation who
shall violate any provision of this code, or fails to comply therewith,
or with any of the requirements thereof, upon conviction thereof in
an action brought before the district magistrate judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
less than $300 nor more than $1,000 plus costs, including reasonable
attorney fees incurred by the Township, and to imprisonment to the
extent permitted by law for the punishment of summary offenses. A
separate offense shall arise for each day or portion thereof in which
a violation is found to exist or for each section of the code found
to have been violated. The Township may also commence appropriate
actions in equity, at law or otherwise to prevent, restrain, correct,
enjoin, or abate violations of this code. All fines and penalties
collected for violation of this code shall be paid to the Township
Treasurer. The initial determination of ordinance violation and the
service of notice of violation are hereby delegated to the Township
Secretary, the Police Chief, the Code Official/Building Inspector,
the Code Enforcement Officer, the Zoning Officer and their designees
and to any other officer or agent that the Township Secretary or the
Township Board of Supervisors shall deem appropriate.
I.
Section 111: § 111, Means of Appeals, is deleted in its
entirety and restated as follows:
Section 111
Means of Appeals
111.1 Application for Appeal. Any applicant or person aggrieved by a decision of the Code Official or a notice or order issued under this code shall have the right of appeal to the Board of Appeals established under the Township Construction Code [Chapter 5, Part 1], provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Township Board of Supervisors. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
J.
Section 112.4: § 112.4 is restated as follows:
112.4 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 considered to be in violation of this code and
subject to the violation penalties under § 106 of this code.
K.
Section 113: A new § 113, "Rental Property Inspection Certificate,"
is hereby inserted as follows:
Section 113
Rental Property Inspection Certificate
113.1 General. A rental property inspection certificate, certifying that the use and structure is in compliance with this code and all other ordinances of Frazer Township, shall be obtained before any change of occupancy may occur in a dwelling unit of a residential property let for occupancy (as those teems are defined in § 202 of this code), except as provided for annual certificates in 113.1.1 below. Prior to occupying the dwelling unit in which the change in occupancy is established, the property owner shall be required to make application to the Township for and obtain: (A) a rental property inspection certificate, except as provided for annual certificates in § 113.1.1 below; and (B) a zoning occupancy permit, as required by the Zoning Ordinance [Chapter 27]. As part of these required applications for a rental property inspection certificate and a zoning occupancy permit, the property owner shall provide the names of all proposed occupants of the subject dwelling unit and the length of the lease.
113.1.1 Annual Rental Property Inspection Certificate. In lieu
of the individual dwelling unit certificate established in § 113.1
above, the Code Official is authorized to issue an annual rental property
inspection certificate for a residential property let for occupancy
which satisfies the following criteria:
(1)
The residential property let for occupancy contains more than 10
dwelling units per building.
(2)
The property is not the subject of a current or pending Township
code enforcement proceeding and/or notice of violation.
(3)
The property owner maintains detailed records and written documentation
which verify that:
(a)
Portable fire extinguishers are installed and continually maintained in proper operating condition throughout the subject property in accordance with the requirements of the Township Construction Code, [Chapter 5, Part 1], including, but not limited to, § 906 of the 2009 International Fire Code, as amended.
(b)
Fire suppression systems (i.e., required sprinklers and fire hoses) are installed and continually maintained in proper operating condition throughout the subject property in accordance with the requirements of this code and the Township Construction Code [Chapter 5, Part 1], including, but not limited to, the International Fire Code implemented by the Township Construction Code.
(c)
Fire protection systems (i.e., fire alarms and smoke detectors) are installed and continually maintained in proper operating condition throughout the subject property in accordance with the requirements of this code and the Township Construction Code [Chapter 5, Part 1], including, but not limited to, § 704 of this code, and the International Fire Code implemented by the Township Construction Code.
These detailed records and written documentation shall be permanently
kept on file at the building/property that is the subject of the annual
certificate and shall be immediately available for review by the Code
Official, or his/her designee, upon request. On not less than an annual
basis, the property owner shall provide the Code Official with written
certification and supporting documentation verifying compliance with
these requirements.
Properties which are the subject of an annual rental property
inspection certificate shall only require an annual inspection unless
the Code Official determines, in his sole discretion, that more frequent
inspections are required.
113.2 Certificate Application. Applications for a rental property
inspection certificate shall be submitted to the Code Official. This
application shall include, among other things, the current address
and telephone number of the property owner and the property manager,
if any.
113.3 Issuance of Certificate and Inspection. Prior to the issuance
of a certificate under this section, and as a condition precedent
thereto, the Code Official, or his/her designee, shall inspect the
premises and structure that is the subject of the change in occupancy.
The Code Official shall issue a certificate under this section once
it has been determined that the subject premises and structure are
in compliance with this code and all other ordinances of Frazer Township.
113.4 Notice of Change in Occupancy to Township. In order to
facilitate the inspection required by this section, the property owner
shall notify the Code Official at least 30 days prior to any change
in occupancy.
113.5. Notice of Change in Ownership. The current property owner
shall notify the Code Official at least 30 days prior to any change
in ownership or ownership structure of the subject property, and at
that time provide the Code Official with the new/proposed property
owner's address and telephone number. This notice of change of
ownership shall be a condition of any certificate issued under this
section.
113.6 Notice of Property Owner Change of Address. The property
owner shall notify the Code Official at least 30 days prior to property
owner's change of address or telephone number, and shall at that
time provide the Code Official with the property owner's new
address or telephone number. This notice of change of address shall
be a condition of any certificate issued under this section.
113.7 Display of Certificate. Any certificate issued under this
section shall be exhibited at any time on request of the Code Official,
or his/her designee.
113.8 Revocation of Certificate. Any property owner violating
this section shall be subject to immediate revocation of his/her rental
property inspection certificate.
113.9 Enforcement Remedies. Any person who violates a provision
of this section shall be subject to the violation penalties set forth
in § 106 of this code, additionally the Township may direct
the Fawn-Frazer Joint Water Authority, or other appropriate public
water service provider, to cease water service to the subject property
until compliance with this code and all other applicable Township
ordinances is achieved.
L.
Section 201.3: § 201.3 is amended by deleting the reference
to the "International Zoning Code" in the section.
M.
Section 202: § 202 is amended by adding the following definition:
JUNK VEHICLE. — Any vehicle which is without a currently
valid license plate or State registration and/or is in a rusted, wrecked,
discharged, dismantled, partly dismantled, inoperative, or abandoned
condition, and/or for which the certificate of title has been returned
to the Pennsylvania Department of Transportation in accordance with
the provision of the State Vehicle Code,[1] and/or which by its appearance is unsightly and not in
repairable condition, and/or which had been declared abandoned according
to the provisions of the State Vehicle Code. Where a certificate of
junk has been issued by the Pennsylvania Department of Transportation,
such certificate shall be conclusive evidence that the subject vehicle
is a junk vehicle; however, where no such certificate has been issued
or applied for, the failure to have the vehicle licensed shall be
prima facie evidence that the subject vehicle is a junk vehicle. Also
included in this definition is any trailer, semi-trailer or any other
article which would be classified as a vehicle, as well as any disabled,
abandoned, non-operable, non-registered, wrecked, ruined or dismantled
motor vehicle.
[1]
See 75 Pa.C.S.A. § 101 et seq., as amended.
N.
Section 301; § 301 is amended by inserting § 301.4
as follows:
301.4 Lead-Based Paint. Lead-based paint with a lead content
of more than 0.5% shall not be applied to any interior or exterior
surface of a dwelling, dwelling unit or child care facility, including
fences and outbuildings at these locations. Existing interior and
exterior painted surfaces of dwelling units and child care facilities
that contain lead paint with a lead content of more than 0.5% shall
be removed or covered with paneling or other suitable covering approved
by the Code Official.
O.
Section 302.4: § 302.4 is amended by restating the first
paragraph of the section as follows:
302.4 Weeds. All premises and exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches and shall be
landscaped so as to have either grass or other form of approved ground
cover, growing or artificial or maintained in its natural state. All
noxious weeds shall be prohibited. Weeds shall be defined as all grasses,
annual plants and vegetation, other than trees or shrubs; provided,
however, this term shall not include cultivated flowers and gardens.
P.
Section 302.8: § 302.8 is amended by adding the following
sentences at the end of the first paragraph: "No junk vehicle shall
be stored outside any private or public property, including vacant
lots, streets or alleys in the Township."
Q.
Section 304.14: § 304.14 is amended by inserting "June
1 to September 30" in the space provided.
R.
Section 602.3. Section 602.3 is amended by inserting "October 1 to
May 1" in the space provided.
S.
Section 602.4. Section 602.4 is amended by inserting "October 1 to
May 1" in the space provided.
