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Township of Douglass, PA
Berks County
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Table of Contents
Table of Contents
[Ord. 2004-1, 6/1/2004, § 1; as amended by Ord. No. 2019-02, 8/12/2019]
The Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, and the regulations promulgated thereunder.
[Ord. 2004-1, 6/1/2004, § 2; as amended by Ord. No. 2019-02, 8/12/2019]
1. 
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, is hereby adopted and incorporated herein by reference as the Building Code of Douglass Township. As of the effective date of this chapter, the Uniform Construction Code consists of the following works published by the International Code Council, Inc.:
A. 
The provisions of Chapters 2-10, 12-29, 31-35 and Section 3006 (relating to elevator lobbies and hoistway opening protection) of the International Building Code of 2015, except:
(1) 
In occupancies Use Group R-3 and within dwelling units in occupancies in Use Group R-2 the maximum riser height shall be 8 1/4 inches (210 mm) and the minimum tread depth shall be nine inches (229 mm). A one-inch (25 mm) nosing shall be provided on stairways with solid risers.
(2) 
That Section 913.2.2 (relating to circuits supplying fire pumps) is excluded.
(3) 
That in Section 2609.4 (relating to area limitations and greenhouses), exception 3 is modified to include "or maintaining plants."
B. 
Chapter 11 of the International Building Code of 2015.
C. 
The International Mechanical Code of 2015.
D. 
The International Fuel Gas Code of 2015, except that Section 310.3 of the International Fuel Gas Code of 2018 (relating to arc-resistant CSST) is also adopted.
E. 
The International Performance Code of 2009.
F. 
The International Plumbing Code of 2015.
G. 
The International Residential Code of 2015, except that:
(1) 
The provisions of R314.4 requiring interconnected smoke alarms do not apply to one-family and two-family dwellings undergoing alterations, repairs or additions. Noninterconnected battery-operated smoke alarms shall be installed in these dwellings.
(2) 
The following specifications apply to residential stairway treads and risers.
(a) 
The maximum riser height is 8 1/4 inches. There may be no more than a variation of 3/8 inch in riser height within a flight of stairs. The riser height is to be measured vertically between leading edges of the adjacent treads.
(b) 
The minimum tread depth is nine inches measured from tread nosing to tread nosing.
(c) 
The greatest depth within any flight of stairs may not exceed the smallest by more than 3/8 inch.
(d) 
Treads may have a uniform projection of not more than 1 1/2 inches when solid risers are used.
(e) 
Stairways may not be less than three feet in clear width and clear headroom of six feet eight inches shall be maintained for the entire run of the stair.
(f) 
Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width of the stair.
(3) 
The following provisions are excluded:
(a) 
Section R302.5.1 (relating to open protection).
(b) 
Section R322.2.1 (relating to elevation requirements for flood hazard areas).
(c) 
Section R322.3.2 (relating to elevation requirements for coastal high hazard areas).
(d) 
Section R325.5 (relating to openness).
(e) 
Table R507.6 (relating to deck beam span lengths).
(f) 
Table R602.7.5 (relating to minimum number of full height studs at each end of headers in exterior walls).
(g) 
Section N1101.4 (relating to above code programs).
(h) 
Section N1103.3.5 (relating to building cavities).
(i) 
Section N1103.5.2 (relating to demand recirculation systems).
(j) 
Table N1106.4 (relating to maximum energy rating index).
(k) 
Section P2503.5.1 (relating to rough plumbing).
(l) 
Section E3901.7 (relating to outdoor outlets).
(4) 
The following provisions are modified:
(a) 
Section N1101.6 (relating to defined terms) is amended by adding the definition of "framing factor" as the fraction of the total building component area that is structural framing.
(b) 
Table N1102.1.2 (relating to insulation and fenestration criteria) is amended by adding "or 18 + 6.5H" to climate zone 6 wood frame wall R-value.
(c) 
Table N1102.1.2 (relating to insulation and fenestration requirements by components) is amended by adding footnote j which permits R-18 insulation to be permitted in place of R-20 requirement provided the wall framing factor is 20% or less or exterior walls with twenty-four-inch o.c. nominal vertical stud spacing.
(d) 
Section N1102.4.1.2 (relating to testing) is amended as having an air leakage rate not exceeding five air changes per hour for all climate zones.
(e) 
Section N1105.2 (relating to mandatory requirements) is amended to require compliance with the mandatory provisions of Section N1102.4.1.2.
(f) 
Section M1601.4.1, exception 3 (relating to joints, seams and connections) is amended by excluding this exception for snap-lock and button-lock type joints and seams located outside of conditioned spaces.
(g) 
Section M1602.2 item 2 (relating to return air openings) is amended to add the word "perimeter" before the first use of the word "room."
(h) 
Section E3901.11 (relating to foyers) is amended by replacing three feet (914 mm) with six feet (1,829 mm) and a minimum of one receptacle.
(5) 
The following provisions of the International Residential Code of 2009 are adopted:
(a) 
Section R302.5.1 (relating to opening production).
(b) 
Section R322.2.1 (relating to elevation requirements for flood hazard areas).
(c) 
Section R322.3.2 (relating to elevation requirements for coastal high hazard areas).
(d) 
Section N1101.8 (relating to above code programs).
(e) 
Section N1103.2.3 (relating to building cavities).
(f) 
Section P2503.5.1 (relating to rough plumbing).
(g) 
Section E3901.7 (relating to outdoor outlets).
(6) 
The following provisions of the International Residential Code of 2018 are adopted:
(a) 
Section R325.5 (relating to openness) is adopted except for exception 2.
(b) 
Table R507.5 (relating to deck beam span lengths).
(c) 
Section R602.3.1 (relating to stud size, height and spacing) exception 3.
(d) 
Table R602.3(6) (relating to alternate wood bearing wall stud size, height, and spacing).
(e) 
Table R602.7.5 (relating to minimum number of full height studs at each end of headers in exterior walls).
(f) 
Section N1103.3.6 (relating to ducts buried within ceiling insulation).
(g) 
Section N1103.3.7 (relating to ducts located in conditioned space).
(h) 
Table N1106.4 including footnote a (relating to maximum energy rating index).
H. 
The International Fire Code of 2015 except that Section 806.1.1 (relating to natural cut trees) is not adopted under this chapter.
I. 
The International Energy Conservation Code of 2015, except that:
(1) 
The following provisions are excluded:
(a) 
Section R102.1.1 (relating to above code programs).
(b) 
Section C104.2.6 (relating to final inspection).
(c) 
Section R403.3.5 [relating to building cavities (mandatory)].
(d) 
Section R403.5.2 (relating to demand recirculation systems).
(e) 
Table R406.4 (relating to maximum energy rating index).
(f) 
Section C408.2.4 (relating to preliminary commissioning report).
(2) 
The following provisions are modified:
(a) 
Chapter RE 2 is amended by adding the definition of "framing factor" as the fraction of the total building component area that is structural framing.
(b) 
Table R402.1.2 (relating to insulation and fenestration requirements by component) is amended by adding "or 18 + 6.5H" to climate zone 6 wood frame wall R-value.
(c) 
Table R402.1.2 (relating to insulation and fenestration requirements by components) is amended by adding footnote j which permits R-18 insulation to be permitted in place of R-20 requirements provided the wall framing factor is 20% or less exterior walls with twenty-four-inch o.c. nominal vertical stud spacing.
(d) 
Section R402.4.1.2 (relating to testing) is amended as having an air leakage rate not exceeding five air changes per hour for all climate zones.
(e) 
Section R405.2 (relating to mandatory requirements) is amended to require compliance with the mandatory provisions of Section R402.4.1.2.
(3) 
The following provisions of the International Energy Conservation Code of 2009 are adopted:
(a) 
Section 102.1.1 (relating to above code programs).
(b) 
Section 104.3 (relating to final inspection).
(c) 
Section 403.2.3 (relating to building cavities).
(4) 
The following provisions of the International Energy Conservation Code of 2018 are adopted:
(a) 
Section R403.3.6 (relating to ducts buried within ceiling insulation).
(b) 
Section R403.3.7 (relating to ducts located in conditioned space).
(c) 
Table R406.4 including footnote a (relating to maximum energy rating index).
J. 
The International Existing Building Code of 2015, except that Section 101.2 (relating to scope) is modified to add an exception for detached residential buildings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures to comply with either the International Existing Building Code of 2015 or the International Residential Code of 2015.
K. 
The International Wildland-Urban Interface Code of 2015.
L. 
Appendix E of the International Building Code of 2015.
M. 
Appendix H of the International Building Code of 2009.
2. 
The Code adopted under Subsection 1H above is part of the Uniform Construction Code to the extent that it is referenced in Chapter 35 of the International Building Code of 2015 under Section 302(a)(1) of the Pennsylvania Construction Code Act [35 P.S. § 7210.302(a)(1)].
3. 
Appendices to a code or standard listed in Subsection 1 are not adopted in the Uniform Construction Code except for the appendices and resource information found in the International Existing Building Code of 2015 and the appendices found in Subsection 1L and M above.
4. 
A permit applicant may utilize one of the following prescriptive methods to demonstrate compliance with the energy conservation requirements of the Uniform Construction Code. The standards are those listed for the climatic zone of this commonwealth where the building or structure is located:
A. 
The prescriptive methods for detached residential buildings contained in the International Energy Conservation Code of 2015 compliance guide containing state maps, prescriptive energy packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (RESCheck) or Pennsylvania's Alternative Residential Energy Provisions.
B. 
The prescriptive methods for all other buildings or structures in the International Energy Conservation Code of 2015 compliance guide containing state maps, prescriptive packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (COMCheck).
5. 
Construction of individual sewage disposal systems is governed under 25 Pa. Code Chapters 72 and 73 (relating to standards for onlot sewage treatment facilities) and the ordinances of the Township of Douglass.
6. 
The repair, alteration, change of occupancy, addition and relocation of existing buildings must comply with Chapter 34 of the International Building Code of 2015 or with the International Existing Building Code of 2015.
[Ord. 2004-1, 6/1/2004, § 3]
Administration and enforcement of the Code within the Township shall be undertaken in such a way as determined by the Township's Board of Supervisors in accordance with the Code from time to time by resolution.
[Ord. 2004-1, 6/1/2004, § 4; as amended by Ord. No. 2019-02, 8/12/2019]
A Board of Appeals shall be established by resolution of the Township's Board of Supervisors in conformity with the requirements of the relevant provisions of the Code and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
[Ord. 2004-1, 6/1/2004, § 5]
1. 
All building code ordinances or portions of ordinances which were adopted by the Township on or before July 1, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code.
[Amended by Ord. No. 2019-02, 8/12/2019]
2. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this Part and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.
3. 
All relevant ordinances, regulations, and policies of the Township not governed by the Code shall remain in full force and effect.
[Ord. 2004-1, 6/1/2004, § 6]
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this Part and the Code shall be established by the Township's Board of Supervisors by resolution from time to time.
[Ord. 2004-1, 6/1/2004; as added by Ord. 2005-5, 11/1/2005, § 1; as amended by Ord. No. 2019-02, 8/12/2019]
Douglass Township hereby elects to regulate utility and miscellaneous use structures of a size equal to or greater than 120 square feet that are accessory to detached one-family dwellings and hereby requires applicable permits and inspections for the installation, construction, and structure alteration of such structures to assure compliance under the Uniform Construction Code contained in 34 Pa. Code, Chapters 401 through 405, as amended by Act 92 of 2004.
[Ord. 2004-5, 6/29/2004, § 1; as amended by Ord. 2009-3, 8/31/2009; and by Ord. No. 2019-01, 8/12/2019]
A certain document, three copies of which are on file in the administration office of the Township of Douglass, being marked and designated as the International Property Maintenance Code of 2018 as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Township of Douglass for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions, and terms of said International Property Maintenance Code of 2018 are hereby referred to, adopted and made a part hereof as if fully set out in this section with the additions, insertions, deletions, and changes, if any.
[Ord. 2004-5, 6/29/2004, § 3]
The Township Board of Supervisors does hereby reserve the right, from time to time, to adopt modifications of, supplements to, or amendments of its ordinance, including this provision.
[Ord. 2004-5, 6/29/2004, § 5]
The failure of the Township to enforce any provision of this Part shall not constitute a waiver by the Township of its rights of future enforcement hereunder.
[Ord. 2020-01, 9/14/2020]
1. 
The following sections are hereby revised as follows:
A. 
Section 302.4, Weeds, to read as follows:
No person, firm, entity, or corporation owning or occupying any property of one acre or less within the Township shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such property so as to exceed a height of eight inches.
No person, firm, entity, or corporation owning or occupying any property of more than one acre within the Township shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such property so as to exceed a height of 10 inches for a depth of 50 feet from every property line.
In addition, no person, firm, entity, or corporation owning or occupying any property of more than one acre within the Township shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such property so as to exceed a height of 10 inches in height for a radius of 100 feet around any building.
This restriction on grass, weeds and vegetation shall not apply to agricultural uses, approved retention/detention areas, reservoirs, and wooded lots when not practicable.
No noxious weeds prohibited by the Noxious Weed Control Law (3 P.S. § 255.8) or by regulations of the Department of Agriculture shall be permitted to grow on properties within the Township.
Any grass, weeds or other vegetation growing upon any property in the Township in violation of the provisions of this section is hereby declared a nuisance and detrimental to the health cleanliness and comfort of the inhabitants of the Township based on inter alia pollen, noxious odors and harborage for rodent infestation.
B. 
Add a new Section 302.4.1 to read as follows:
302.4.1 The owner of any property, or the occupant of the property occupied by other than the owner, shall remove, trim or cut all grass, weeds, or other vegetation growing or remaining upon such property in violation of the provisions of Section 302.4.
C. 
Add a new Section 302.4.2 to read as follows:
302.4.2 The Township, or any officer or employee of the Township designated thereby for this purpose, is hereby authorized to give notice, by personal service or United States mail, to the owner or occupant or any adult person in charge of the said premises, as the case may be, of any property wherein grass or other vegetation is growing or remaining in violation of Section 302.4, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter, within 10 days after issuance of such notice.
Whenever, in the judgment of the Township, or any officer or employee of the Township designated thereby for this purpose, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found, or because a search for the owner or occupant would entail unreasonable delay, the Township or any officer or employee of the Township designated thereby for that purpose, may give notice by posting conspicuously on the property where such nuisance exists a notice or order directing and requiring that such nuisance be abated within 10 days.
In case any person, firm, entity, or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township may fine the property owner and/or the occupant of the property occupied by other than the owner, $200 a day until the violation is corrected. In addition, the Township may itself, or it may hire someone, to remove, trim or cut such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the Township from such person, firm, entity, or corporation, in the manner provided by law, and may be entered as a municipal lien against the property and owner thereof, for the abatement of nuisance.