[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-16-2004 by Ord. No. 1198[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
I, Building Code, adopted 3-20-1991 by Ord. No. 1105, as amended.
This article shall be known and may be cited as the "Borough
of Lansdowne Building Code" and/or the Pennsylvania "Uniform Construction
Code."
In accordance with the Pennsylvania Construction Code Act, Act
45 of 1999,[1] Chapter 5 Section 501(a)(1), the Borough of Lansdowne
situate in Delaware County, Pennsylvania, hereby elects to administer
and enforce the Uniform Construction Code as its municipal building
code and the International Fuel Gas Code for purposes described in
Section 302(A) of said Act 45.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
This adoption shall include all relative codes specifically
provided for under said Act 45 to include but not be limited to the
International Building Code, the International Residential Code, the
International Fire Code and all other referenced codes. As provided
for under Act 45, Section 304, all subsequent editions or successor
codes are hereby adopted. In addition, as provided for by the Building
Code Official (BCO) Certification Course and Examination Book, and
subsequent rulings by the Pennsylvania Department of Labor and Industry,
the following appendices of the following ICC codes are also adopted:
A.
International Building Code 2003.
(1)
The following sections of Appendix B, titled Board of Appeals, which
outlines administrative processes and organization of the Board of
Appeals, are hereby incorporated into the appeals provisions of Act
45, Section 403.121, with the following noted amendments, insertions
and/or deletions:
(a)
B101.1, titled Application, which outlines a twenty-day time
limit for an applicant to file an appeal, is hereby incorporated in
its entirety.
(b)
B101.2, titled Membership of Board, which establishes a five-member
appeals board serving five-year terms, is hereby deleted in its entirety
and replaced to read as follows:
"The Board of Appeals shall, upon the determination of the Borough
Council, consist of either three or five members appointed by resolution
by the Council. The terms of office of a three-member Board shall
be three years and shall be so fixed that the term of office of one
member shall expire each year. The terms of office of a five-member
Board shall be five years and shall be so fixed that the term of office
of one member of a five-member Board shall expire each year. If a
three-member Board is changed to a five-member Board, the members
of the existing three-member Board shall continue in office until
their term of office would expire under prior law. The governing body
shall appoint two additional members to the Board with terms scheduled
to expire in accordance with the provisions of this section. The Board
shall promptly notify the governing body of any vacancies which occur.
Appointments to fill vacancies shall be only for the unexpired portion
of the term. Members of the Board shall hold no other office in the
municipality.
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(c)
B101.2.1, titled Alternate members, which establishes the Council's
ability to appoint two alternate members, is hereby incorporated in
its entirety.
(d)
B101.2.2, titled Qualifications, which outlines the required
credentials and experience of the appeals board, shall be deleted
in its entirety and shall be amended to read as follows:
"To the extent practicable, the members of the Board of Appeals
shall be selected from the following professions or disciplines:
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[1]
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Registered design professional in Pennsylvania (such as an architect
or engineer).
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[2]
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General contractor, builder, or superintendent of building construction.
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[3]
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Electrical or plumbing contractor with a master electrical or
plumbing license, or a mechanical contractor.
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[4]
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Historical property specialist with at least 10 years of experience
in historical preservation of properties, five years of which shall
have been in responsible charge of work.
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(e)
B101.2.3, titled Rules and procedures, which establishes the
ability of the appeals board to establish policies and procedures,
is hereby incorporated in its entirety.
(f)
B101.2.4, titled Chairperson, which establishes the Board's
ability to appoint a Chairperson, is hereby incorporated in its entirety.
(g)
B101.2.6, titled Secretary, which establishes the Board's
ability to appoint a Secretary, is hereby incorporated in its entirety.
(h)
B101.2.7, titled Compensation of members, which establishes
the Council's ability to provide compensation for Board members
if it so desires, is incorporated in its entirety.
(i)
B101.3.1, titled Open hearing, which establishes the hearings
to be open to the public, is hereby incorporated in its entirety.
(j)
B101.3.2, titled Procedure, which establishes that rules of
procedures be made available to the public, is hereby incorporated
in its entirety.
(k)
B101.3.3, titled Postponed hearing, which establishes the right
of either the appellant or the appellant's representative to
request a postponement of the hearing as a result of the absence of
one or more Board members, is hereby incorporated in its entirety.
(l)
B101.4.2, titled Administration, which establishes the requirements
for the Building Official to take immediate action in accordance with
the decision of the Board, is hereby incorporated in its entirety.
(2)
Appendix G, titled Flood Resistant Construction, which aims to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific flood hazard
areas through the establishment of comprehensive regulations for management
of flood hazard areas, is hereby adopted in its entirety.
(3)
Appendix I, titled Patio Covers, which establishes recommended standards
for the construction and installation of patio covers on non-one-
and two-family dwellings, is hereby adopted in its entirety.
(4)
Appendix J, titled Grading, which establishes the provisions and
standards for grading, excavation and earthwork construction, including
fills and embankments as they relate to new construction, is hereby
adopted in its entirety.
B.
International Residential
Code 2003.
(1)
Appendix A, titled Sizing and Capacities of Gas Piping, which establishes
a recommended standard for determining fuel gas pipe sizes, is hereby
adopted in its entirety.
(2)
Appendix B, titled Sizing of Venting Systems Serving Appliances Equipped
with Draft Hoods, Category I Appliances, and Appliances Listed for
Use and Type B Vents, which establishes a recommended standard for
determining vent ducts and vent piping sizes, is hereby adopted in
its entirety.
(3)
Appendix C, titled Exit Terminals of Mechanical Draft and Direct-Vent
Venting Systems, which provides information, explanations, examples
to illustrate and clarify the various requirements for the exterior
termination of exhaust vents, is hereby adopted in its entirety.
(4)
Appendix D, titled Recommended Procedure for Safety Inspection of
an Existing Appliance Installation, which establishes a guide to aid
in determining that an appliance is properly installed and is in a
safe condition for continuing use, is hereby adopted in its entirety.
(5)
Appendix F, titled Radon Control Methods, which establishes the requirements
for radon-resistant construction for new construction in Lansdowne
Borough, is hereby incorporated in its entirety.
(6)
Appendix H, titled Patio Covers, which establishes recommended standards
for the construction and installation of patio covers on one- and
two-family dwellings, is hereby adopted in its entirety.
C.
International Fire Code 2003.
(1)
Appendix B, titled Fire-Flow Requirements for Buildings, which establishes
a procedure for determining fire-flow requirements for buildings or
portions of buildings hereafter constructed, is hereby adopted in
its entirety.
(2)
Appendix C, titled Fire Hydrant Locations and Distribution, which
establishes the number and location of fire hydrants for the protection
of buildings, or a portion of buildings, hereafter constructed, is
hereby adopted in its entirety.
(3)
Appendix D, titled Fire Apparatus Roads, which establishes that facilities,
buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire
apparatus access road, is hereby adopted in its entirety.
(4)
Appendix E, titled Hazard Categories, which provides information,
explanations and examples to illustrate and clarify the hazard categories
contained in Chapter 27 of the International Fire Code, is hereby
adopted in its entirety.
(5)
Appendix F, titled Hazard Rankings, which establishes levels of hazards
to be applied to specific hazard classes as required by NFPA 704 and
is referenced throughout the Fire Code, is hereby incorporated in
its entirety.
(6)
Appendix G, titled Cryogenic Fluids—Weight and Volume Equivalents,
which provides a reference chart to convert volumes of cryogenic fluids
into volumes of gas, is hereby incorporated in its entirety.
D.
International Plumbing Code 2003.
(1)
Appendix B, titled Rates of Rainfall for Various Cities, which establishes
the average rate of rainfall for the Philadelphia area, is hereby
adopted in its entirety.
(2)
Appendix D, titled Degree Days and Design Temperatures, which establishes
various average temperatures for the Philadelphia area, is hereby
adopted in its entirety.
(3)
Appendix E, titled Sizing of Water Piping Systems, which establishes
two procedures for sizing a water piping system, is hereby adopted
in its entirety.
(4)
Appendix F, titled Structural Safety, which establishes a list of
structural safety considerations that must be adhered to while running
plumbing lines, is hereby adopted in its entirety.
E.
International Mechanical Code 2003. Appendix B of the International
Mechanical Code, titled Combustion Air Openings and Chimney Connector
Pass-Throughs, which establishes a guide and illustrations showing
the proper installation of air intake and exhaust piping through attic,
chimney and other concealed spaces, is hereby adopted in its entirety.
F.
International Fuel Gas Code 2003.
(1)
Appendix A, titled Sizing and Capacities of Gas Piping, which establishes
a recommended standard for determining fuel gas pipe sizes, is hereby
adopted in its entirety.
(2)
Appendix B, titled Sizing of Venting Systems Serving Appliances Equipped
with Draft Hoods, Category I Appliances, and Appliances Listed for
Use and Type B Vents, which establishes a recommended standard for
determining vent ducts and vent piping sizes, is hereby adopted in
its entirety.
(3)
Appendix C, titled Exit Terminals of Mechanical Draft and Direct-Vent
Venting Systems, which provides information, explanations, examples
to illustrate and clarify the various requirements for the exterior
termination of exhaust vents, is hereby adopted in its entirety.
(4)
Appendix D, titled Recommended Procedure for Safety Inspection of
an Existing Appliance Installation, which establishes a guide to aid
in determining that an appliance is properly installed and is in a
safe condition for continuing use, is hereby adopted in its entirety.
G.
International Existing Building Code 2003.
(1)
Appendix A, titled Guidelines for the Seismic Retrofit of Existing
Buildings, which establishes a minimum standard for reducing the risk
of death or injury that may result from the effects of earthquakes
on existing unreinforced masonry bearing wall buildings, is hereby
adopted in its entirety.
(2)
Appendix B, titled Supplementary Accessibility Requirements for Existing
Buildings and Facilities, which establishes recommended accessibility
standards for existing buildings, is hereby adopted in its entirety.
(3)
Resource A, titled Guidelines on Fire Ratings of Archaic Materials
and Assemblies, which establishes guidelines to determine the fire-resistance
rating of the existing building elements as part of the overall evaluation
for the assessment of the need for improvements, is hereby adopted
in its entirety.
H.
International Energy Conservation Code 2003. The Appendix of the
International Energy Conservation Code, which provides construction
details to concepts outlined in the actual code, is hereby adopted.
I.
International Performance Code 2003.
(1)
Appendix A, titled Risk Factors of Use and Occupancy Classifications,
which establishes classifications of buildings, structures, and portions
of buildings and structures by their primary use in order to facilitate
design and construction in accordance with other provisions of this
code, is hereby adopted in its entirety.
(2)
Appendix B, titled Worksheet for Assigning Specific Structures to
Performance Groups, which establishes a formula for evaluating the
inherent risks and/or hazards associated with a facility, building
or portions thereof in order to apply the appropriate code requirements
of the ICC Performance Code, is hereby adopted in its entirety.
(3)
Appendix C, titled Individually Substantiated Design Method, which
establishes a guide for substantiating and approving building designs
that are not based on authoritative documents or design guides, is
adopted in its entirety.
(4)
Appendix D, titled Qualification Characteristics for Design and Review
of Performance-Based Designs, which establishes a resource to anyone
undertaking a performance-based design or review to assess qualifications
of the participants performing the task, is hereby adopted in its
entirety.
(5)
Appendix E, titled Use of Computer Models, which establishes a guide
for allowing the use of computer models for determining a building's
compliance with this code, is hereby adopted in its entirety.
J.
Upon adoption by the Commonwealth of Pennsylvania of successor codes,
those codes and the appendices corresponding to those listed above,
are also hereby adopted.
A.
Fees assessable for the administration and enforcement undertaken
pursuant to this article and the Code shall be established by resolution
of the Borough Council from time to time.
B.
Administration and enforcement of the Code within the Borough shall
be undertaken in any of the following ways as determined by the governing
body of the Borough from time to time by resolution:
(1)
By the designation of an employee of the Borough to serve as the
municipal code official to act on behalf of the Borough.
(2)
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough.
(3)
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
(4)
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the Borough.
(5)
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.
A.
All building code ordinances or portions of ordinances which were
adopted by the Borough 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, 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 article and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provision of this Code.
C.
Without limiting of the reservation of any provision of any ordinances adopted by the Borough on or before July 1, 1999, which equals or exceeds the requirements of the Code as made in Subsection A above, the following language from the Borough of Lansdowne Code, adopted prior to July 1, 1999, is hereby expressly incorporated into this Borough of Lansdowne Building Code:
(1)
Language from Ordinance 1105, adopted 3-20-1991, specifying that
three sets of plans shall be submitted with all permit applications,
shall be incorporated into Sections 403.42.a and 403.62a.
(2)
Language from Ordinance 1105, adopted 3-20-1991, specifying that
in addition to or in place of citations and fines, "the individual,
firm or corporation may also undergo imprisonment for not more than
30 days," shall be incorporated into Section 903 of the Act.
(3)
Language from Ordinance 912, adopted 12-19-1972, which reads: "No
automatic permanent heating equipment shall be installed without a
master switch outside the furnace room or at the nearest entrance
to the basement where permanent heating equipment is installed, which
shall include electric water pumps, blowers and circulating fans,"
shall be incorporated into this Borough of Lansdowne Building Code.
(4)
Language from Ordinance 912, adopted 12-19-1972, which reads: "All
two-hundred-seventy-five-gallon fuel oil tanks must be provided with
a signal alarm to prevent overfilling," shall be incorporated into
this Borough of Lansdowne Building Code.
(5)
Language from Ordinance 912, adopted 12-19-1972, which reads: "No
person shall kindle or maintain any bonfire or rubbish fire or authorize
any such fire to be kindled or maintained. During construction or
demolition of buildings or other structures no waste materials, debris
or rubbish shall be disposed of by burying on the premises or immediate
vicinity," shall be incorporated into this Borough of Lansdowne Building
Code.
(6)
The following definitions from Ordinance 912, adopted 12-19-1972,
shall be incorporated into this Borough of Lansdowne Building Code:
Fire-Resistive Buildings — A building in which the walls
are of approved masonry or reinforced concrete and the structural
members of which have fire-resistance ratings sufficient to withstand
the hazard involved in the occupancy, but not less than a four-hour
rating for bearing walls, fire walls, party walls, isolated piers,
columns and wall-supporting girders; a three-hour rating for walls
and girders other than above specified and for beams, floors and roofs;
and a two-hour rating for fire partitions; and in which all floor
openings are protected by effective fire-resistance enclosures.
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Major Kitchen — A kitchen with an area of 500 square feet
or more in any building except a single-family or a two-family dwelling.
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Substantially Altered — Any substantial structural alteration
in or addition to the supporting or structural members of a building,
such as bearing walls, bearing columns, bearing beams or bearing girders,
provided that a substantial alteration shall not include, inter alia,
repairs to roof, walls or interior; exterior or interior painting
or redecoration; elimination, moving or construction of new partitions
within an existing building; air conditioning; repairs or replacement
of heating systems; modernization of kitchens or bathrooms, including
moving or replacement of utility lines, gas, water, sewer and electricity;
and installation or replacement of kitchen or bathroom equipment.
A structural alteration not increasing the square footage of a building
more than 20% shall not be considered a substantial alteration.
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(7)
Language from Ordinance 912, adopted 12-19-1972, specifying the requirements
for automatic sprinkler equipment, shall be incorporated into this
Borough of Lansdowne Building Code as follows:
Automatic sprinkler equipment shall be installed and maintained
throughout buildings of the types set forth below hereafter erected,
converted or substantially altered:
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High-hazard occupancy buildings
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Hospitals and other institutional buildings
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Sanitariums, nursing homes, convalescent homes and homes for
the aged, housing bed or ambulatory patients
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Bowling alleys
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Non-fire-resistive buildings used as places of public assembly,
including, inter alia, motion-picture theaters and auditoriums used
for theatrical, operatic or musical performances
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Fire-resistive buildings having a floor area of 10,000 square
feet or more per floor, undivided by fire walls, used in whole or
in part for the manufacture, storage or sale of combustible goods,
wares or merchandise, including, inter alia, stores, restaurants and
supermarkets
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Non-fire-resistive buildings having a floor area of 5,000 square
feet or more per floor, undivided by fire walls, used in whole or
in part for the manufacture, storage or sale of combustible goods,
wares or merchandise, including, inter alia, stores, restaurants and
supermarkets
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Fire-resistive buildings having a floor area of 10,000 square
feet or more per floor, undivided by fire walls, used for the housing
of automobiles; not including open-deck garages unless the same are
over two stories in height
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Non-fire-resistive buildings having a floor area of 6,000 square
feet or more per floor, undivided by fire walls, used for the housing
of automobiles
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(8)
Language from Ordinance 912, adopted 12-19-1972, specifying the requirements
for automatic sprinkler equipment required in certain parts of certain
buildings, shall be incorporated into this Borough of Lansdowne Building
Code as follows:
Automatic sprinkler equipment shall be installed and maintained
in cellars, subcellars, basements, subbasements, storage rooms, major
kitchens and chutes of buildings of the types set forth below, hereafter
erected, converted or substantially altered:
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Hotels and motels
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Apartment houses and apartment hotels
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Dormitories
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Churches and chapels
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Automatic sprinkler equipment shall be installed and maintained
in all cellars and basements of buildings hereafter erected, converted
or substantially altered, which cellars and basements have a floor
area of 2,500 square feet or more and are used for the manufacture,
storage or sale of combustible goods, wares or merchandise or for
the housing of automobiles.
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(9)
Language from Ordinance 912, adopted 12-19-1972, specifying the requirements
for dry standpipe fire lines required in certain buildings, shall
be incorporated into this Borough of Lansdowne Building Code as follows:
Dry standpipe fire lines shall be installed and maintained in
buildings more than 25 feet in height hereafter erected, converted
or substantially altered in accordance with the standards set forth
in NFPA 14, provided that dry standpipe fire lines shall not be required
in the following:
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Single-family dwellings
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Two-family dwellings
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(10)
Language from Ordinance 912, adopted 12-19-1972, specifying
the ability of the Fire Official to designate fire lanes, shall be
incorporated into this Borough of Lansdowne Building Code as follows:
Whenever the Fire Marshal shall determine that the parking of
motor vehicles upon any public or private street, lane, alley or shopping
center is liable to interfere with the operations of the Fire Department
or seriously hamper egress of occupants from the building in case
of fire, he shall post signs on such street, lane, alley or shopping
center, reading NO PARKING BY ORDER OF THE FIRE MARSHAL. Whenever
the Fire Marshal shall determine that NO PARKING BY ORDER OF THE FIRE
MARSHAL signs on any public or private street, lane, alley or shopping
center will not clearly indicate the area in which parking is prohibited,
he is herby authorized to establish fire lines by painting lines four
inches in width on the roadway surface, indicating the area in which
parking is prohibited. In addition, he shall paint the words FIRE
LANE in letters three feet in height on the roadway surface at intervals
he deems necessary within the prohibited parking area.
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D.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this article and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
E.
All relevant ordinances, regulations and policies of the Borough
not governed by the Code shall remain in full force and effect.
A.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.42, titled Permit
Requirements and Exemptions, as they pertain to commercial properties,
are hereby amended as follows:
(1)
Section 403.42(b), which establishes the permit requirements for
emergency repairs, shall be amended to read: "Emergency repairs or
replacement of equipment may be made without first applying for a
permit if the applicant calls the Code Office and secures a permit
within 24 hours or the next Borough business day."
(2)
Section 403.42(c), which establishes a list of items that are exempt
from permit requirements, shall have the following items amended or
deleted from such list, as indicated:
(a)
Section 403.42(c)(1)(i), which nullifies permit requirements
for fences not over six feet in height, is hereby DELETED in its entirety.
(b)
Section 403.42(c)(1)(ii), which nullifies permit requirements
for oil derricks, is hereby DELETED in its entirety.
(c)
Section 403.42(c)(1)(iii), which nullifies permit requirements
for retaining walls which are not over four feet in height, shall
be modified to require permits for such items over 24 inches in height.
(d)
Section 403.42(c)(1)(iv), which nullifies permit requirements
for water tanks supported directly upon grade if the capacity does
not exceed 5,000 gallons and the ratio of height to diameter or width
does not exceed two to one, shall be modified to require permits for
such items over 500 gallons.
(e)
Section 403.42(c)(1)(v), which nullifies permit requirements
for sidewalks and driveways not more than 30 inches above grade and
that are not located over a basement or story below it and which are
not part of an accessible route, is hereby DELETED in its entirety.
(f)
Section 403.42(c)(1)(vi), which nullifies permit requirements
for painting, papering, tiling, carpeting, cabinets, countertops and
similar finishing work, shall be modified to read: "Painting, papering,
carpeting, countertop replacements, trim and similar finishing work,
not to include flooring, or the installation of two or more kitchen
or bathroom cabinets, or the installation (rather than replacement)
of new countertop assemblies where counters did not previously exist."
(g)
Section 403.42(c)(1)(viii), which nullifies permit requirements
for prefabricated swimming pools accessory to a Group R-3 occupancy
which are less than 24 inches deep, do not exceed 5,000 gallons and
are installed entirely aboveground, shall be modified to read: "Prefabricated
swimming pools accessory to a Group R-3 occupancy which are less than
24 inches deep, unless they have some type of motorized pump or recirculation
equipment and are installed entirely aboveground."
(h)
Section 403.42(c)(1)(ix), which nullifies permit requirements
for shade-cloth structures constructed for nursery or agricultural
purposes that do not include service systems, is hereby DELETED in
its entirety.
(i)
Section 403.42(c)(1)(xiii), which nullifies permit requirements
for window replacement without structural change, is hereby DELETED
in its entirety.
B.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.42a, titled Permit
Application, as they pertain to commercial properties, are hereby
amended as follows:
(1)
Section 403.42a(b), which establishes permit application requirements
and support information, shall be modified by adding the following
language before the period at the end of the paragraph to read: "and
three sets if reviewed by the Borough of Lansdowne."
(2)
Section 403.42a(c), which establishes the requirements for a licensed
architect or engineer to prepare all necessary design documents, shall
be modified by deleting the last sentence, and thereby not allowing
a nonlicensed person to prepare design documents.
(3)
Section 403.42a(h), which establishes the details required on a site
plan, shall be modified to add new section (7) to read: "Location
of closest fire hydrant to include distance in feet from the main
entrance of each and every building, by way of paved surface suitable
for fire apparatus; and all on-site fire lanes and fire department
connections."
C.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.43, titled Grant,
Denial and Effect of Permits, as they pertain to commercial properties,
are hereby amended as follows:
(1)
Section 403.43(a), which establishes the time period in which the
Code Officer must either approve or deny a building permit, shall
be modified by deleting the last sentence in its entirety and replacing
it to read: "A building code official shall grant or deny a permit
application in an historic district, in whole or in part, within 90
days of the filing date."
(2)
Section 403.43(c), which requires the Code Official to place a stamp
on each page of a submitted print, shall be modified by deleting the
first sentence in its entirety and replacing it to read: "A building
code official shall stamp or place a notation on the cover sheet of
the set of reviewed construction documents that the documents were
reviewed and approved for the Uniform Construction Code compliance
before the permit is issued."
(3)
Section 403.43(g), which establishes a one-hundred-eighty-day time
limit for the commencement of work, and a five-year time limit for
the completion of a project, shall be modified by replacing the two
occurrences of "180 days" with "90 days" and replacing the single
occurrence of "five years" with "two years."
(4)
Section 403.43(h), which requires the permit applicant to have a
copy of the approved permit on site, shall be modified to read: "The
permit holder shall both keep and post a copy of the approved permit,
to include all conditions, on the work site until completion of the
construction. Such posting shall be in a conspicuous location."
D.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.46, titled Certificate
of Occupancy, as they pertain to commercial properties, are hereby
amended as follows:
Section 403.46(b), which establishes a time limit for the issuance
of a certificate of occupancy, shall be modified to read: "Upon completion
of a final inspection report that indicates compliance with the Uniform
Construction Code and request by the permit applicant or property
owner, the Building Code Official shall issue a certificate of occupancy
within 10 business days."
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E.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.62, titled Permit
Requirements and Exemptions, as they pertain to residential properties,
shall be amended as follows:
(1)
Section 403.62(b), which establishes the permit requirements for
emergency repairs, shall be amended to read: "Emergency repairs or
replacement of equipment may be made without first applying for a
permit if the applicant calls the Code Office prior to the start of
work and secures a permit within 24 hours or the next Borough business
day."
(2)
Section 403.62(c), which establishes a list of items that are exempt
from permit requirements, shall have the following items amended or
deleted from such list, as indicated:
(a)
Section 403.62(c)(1)(i), which nullifies permit requirements
for fences not over six feet in height, is hereby DELETED in its entirety.
(b)
Section 403.62(c)(1)(ii), which nullifies permit requirements
for retaining walls which are not over four feet in height, shall
be modified to require permits for such items over 24 inches in height.
(c)
Section 403.62(c)(1)(iii), which nullifies permit requirements
for water tanks supported directly upon grade if the capacity does
not exceed 5,000 gallons and the ratio of height to diameter or width
does not exceed two to one, shall be modified to require permits for
such items over 500 gallons.
(d)
Section 403.62(c)(1)(iv), which nullifies permit requirements
for sidewalks and driveways not more than 30 inches above grade and
that are not located over a basement or story below it and which are
not part of an accessible route, is hereby DELETED in its entirety.
(e)
Section 403.62(c)(1)(v), which nullifies permit requirements
for painting, papering, tiling, carpeting, cabinets, countertops and
similar finishing work, shall be modified to read: "Painting, papering,
carpeting, flooring, countertop replacements, trim and similar finishing
work, not to include the installation of three or more kitchen or
bathroom cabinets or the installation (rather than replacement) of
new countertop assemblies where counters previously did not exist."
(f)
Section 403.62(c)(1)(vi), which nullifies permit requirements
for prefabricated swimming pools accessory to a Group R-3 occupancy
which are less than 24 inches deep, do not exceed 5,000 gallons and
are installed entirely aboveground, shall be modified to read: "Prefabricated
swimming pools accessory to a Group R-3 occupancy which are less than
24 inches deep, unless they have some type of motorized pump or recirculation
equipment and are installed entirely aboveground."
(g)
Section 403.62(c)(1)(ix), which nullifies permit requirements
for any glass in replacement of glass in any windows and doors, shall
be amended by adding the following at the end of the first sentence
of such Section 403.62(c)(1)(ix): "except glass that is required to
have tempered or impact load resistant under the International Residential
Code. All replacement glass shall comply with the minimum requirements
of the International Residential Code."
(h)
Section 403.62(c)(1)(x), which nullifies permit requirements
for the installation and replacement of a window, door, garage door,
storm window and storm door in the same opening if the dimensions
or framing of the original opening are not altered, shall be deleted
in its entirety and replaced to read: "Installation and replacement
of storm windows and storm doors in the same opening, if the dimensions
or framing of the original opening is not altered. At the discretion
of the Construction Code Official, the installation of means of egress
and emergency escape windows may be made in the same opening, without
altering the dimensions or framing of the original opening if the
required height, width or net clear opening of the previous window
or door assembly is not reduced."
(i)
Section 403.62(c)(1)(xi), which nullifies permit requirements
for the replacement of existing roof material that does not exceed
25% of the total roof area performed within any twelve-month period,
shall be modified to read: "Repair and replacement of roof materials
that do not exceed 50 square feet net of roof area."
(j)
Section 403.62(c)(1)(xiii), which nullifies permit requirements
for the replacement of existing siding, shall be modified to read:
"Repair and replacement of siding or other exterior wall materials
that do not exceed 100 square feet net of wall area."
(k)
Section 403.62(c)(1)(xiv), which nullifies permit requirements
for the repair or replacement of any part of a porch or stoop which
does not structurally support a roof located above the porch or stoop,
is hereby DELETED in its entirety.
(l)
Section 403.62(c)(1)(xv), which nullifies permit requirements
for the installation of additional roll or batt insulation, shall
be modified to read: "Installation of new or additional roll or batt
insulation covering an area of less than 1,200 square feet but not
to include any insulation that is blown in. Blown-in insulation shall
require a permit."
(m)
Section 403.62(c)(1)(xvii), which nullifies permit requirements
for the installation of an uncovered deck where the floor of the deck
is no more than 30 inches above grade, is hereby DELETED in its entirety.
(n)
Section 403.62(c)(2)(ii), which nullifies permit requirements
for the replacement of a receptacle, switch or lighting fixture rated
at 20 amps or less and operating at less than 150 volts to ground
with a like or similar item, is hereby DELETED in its entirety.
(o)
Section 403.62(c)(2)(iii), which nullifies permit requirements
for the replacement of installed electrically operated equipment such
as doorbells, communication systems and any motor-operated device,
shall be modified to read: "Replacement of installed electrically
operated equipment such as doorbells and communication systems."
(p)
Section 403.62(c)(2)(v), which nullifies permit requirements
for the replacement of electrically powered dishwashers, is hereby
DELETED in its entirety.
(q)
Section 403.62(c)(2)(vi), which nullifies permit requirements
for the replacement of electrically powered kitchen range hoods, is
hereby DELETED in its entirety.
(r)
Section 403.62(c)(2)(vii), which nullifies permit requirements
for the installation of battery-powered smoke detectors, shall be
amended by adding the following language before the period at the
end of the sentence, to read: "that are not connected to the house
electrical system."
(s)
Section 403.62(c)(5)(i), which nullifies permit requirements
for the replacement of hose bib valves, is hereby DELETED in its entirety.
(t)
Section 403.62(c)(5)(iii), which nullifies permit requirements
for the replacement of ball cocks, is hereby DELETED in its entirety.
(u)
Section 403.62(c)(5)(iv), which nullifies permit requirements
for the repair of leaks in a plumbing system, shall be modified by
adding the following language before the period at the end of the
sentence, to read: "that do not include the replacement or removal
of pipes and/or valves."
(v)
Section 403.62(c)(5)(vii), which nullifies permit requirements
for the replacement of valves in a plumbing system other than shower
or combination shower/bath valves, is hereby DELETED in its entirety.
(w)
Section 403.62(c)(5)(viii), which nullifies permit requirements
for the replacement of traps in a plumbing system, is hereby DELETED
in its entirety.
(x)
Section 403.62(c)(5)(ix), shall be amended by adding the following
language before the period at the end of the sentence, to read: "that
do not include the installation of new pipes and/or valves."
(y)
Section 403.62(c)(5)(x), which nullifies permit requirements
for the replacement of a water closet, lavatory or kitchen sink, shall
be amended by adding the following language before the period at the
end of the sentence, to read: "that do not include the installation
of new pipes and/or valves."
(z)
Section 403.62(c)(6)(ii), which nullifies permit requirements
for the repair and replacement of heating, supply and return piping,
and radiation elements which do not require rearrangement of the piping
system, shall be modified by adding the following language before
the period at the end of the sentence, to read: "that does not exceed
more than 20 linear feet of piping or the replacement of less than
two radiator units."
(aa)
Section 403.62(c)(6)(iii), which nullifies the permit requirements
for the repair and replacement of ductwork, shall be modified by adding
the following language before the period at the end of the sentence,
to read: "that does not exceed 10 linear feet of ductwork, nor any
repair or replacement of exhaust or intake ducts."
(bb)
Section 403.62(c)(6)(iv), which nullifies permit requirements
for the repair and replacement of air conditioning equipment and systems,
is hereby DELETED in its entirety.
(cc)
Section 403.62(c)(6)(vi), which nullifies permit requirements
for the replacement of kitchen range hoods, shall be modified to read:
"Replacement of self or non-venting kitchen range hoods."
(dd)
Section 403.62(d)(1), which nullifies permit requirements for
ordinary repairs, and defines what an ordinary repair is in relation
to removal or cutting away of walls, partitions or portions of a wall,
shall be modified to add the following language before the period
at the end of the sentence, to read: "or exposing the structural framing
of a wall not to include minor repairs of holes or punctures in the
wall covering."
(ee)
Section 403.62(d)(2), which nullifies permit requirements for
ordinary repairs, and defines what an ordinary repair is in relation
to removal or cutting away of any structural beam or load-bearing
support, shall be modified to add the following language before the
period at the end of the sentence, to read: "or installation of any
wall openings requiring the configuration of the structural framing."
(ff)
Section 403.62(e), which nullifies permit requirements for the
installation, alteration or repair of generation, transmission, distribution,
metering or other related equipment under the control of a public
utility, shall be modified to add the following language before the
period at the end of the sentence, to read: "not to include the installation
of any structures required to house the equipment or any alteration
of the structure as required to house the equipment."
F.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.63, titled Grant,
Denial and Effect of Permits, as they pertain to residential properties,
are hereby amended as follows:
(1)
Section 403.63(c), which requires the Code Official to place a stamp
on each page of a submitted print, shall be modified by deleting the
first sentence in its entirety and replacing it to read: "A building
code official shall stamp or place a notation on the cover sheet of
the set of reviewed construction documents that the documents were
reviewed and approved for the Uniform Construction Code compliance
before the permit is issued."
(2)
Section 403.63(g), which establishes a one-hundred-eighty-day time
limit for the commencement of work, and a five-year time limit for
the completion of a project, shall be modified by replacing the two
occurrences of "180 days" with "90 days" and replacing the single
occurrence of "five years" with "two years."
(3)
Section 403.63(h), which requires the permit applicant to have a
copy of the approved permit on site, shall be modified to read: "The
permit holder shall both keep and post a copy of the approved permit,
to include all conditions, on the work site until completion of the
construction. Such posting shall be in a conspicuous location."
G.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.65, titled Certificate
of Occupancy, as they pertain to residential properties, shall be
amended as follows:
(1)
Section 403.65(b), which establishes a time limit for the issuance
of a certificate of occupancy, shall be modified to read: "Upon completion
of a final inspection report that indicates compliance with the Uniform
Construction Code and request by the permit applicant or property
owner, the Building Code Official shall issue a certificate of occupancy
within 10 business days."
H.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.81, titled Stop-Work
Orders, shall be modified as follows:
(1)
Section 403.81(b), which establishes the Code Officer's right
to issue a stop-work order on projects that are in violation of this
Code, shall be modified by adding the following language before the
period at the end of the sentence, to read: "or by posting the property
in a conspicuous location."
I.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.82, titled Notice
of Violations, which outlines the proper steps for notifying a permit
holder or responsible agent thereof of violations of this Act, shall
be modified as follows:
(1)
Section 403.82(1), which specifies that the Code Official shall discuss
the results of any inspection, shall be modified by adding the following
language before the period at the end of the sentence, to read: "if
the permit owner or agent thereof is present for the inspection."
(2)
Section 403.82(4) shall be newly created and shall read: "Any work
that is concealed and not made available for inspection by the Code
Official or agent thereof, as specified in Sections 403.45 and 403.64,
shall be a violation of this Act and may result in the immediate issuance
of citations and fines in accordance to Section 903 of the Act."
J.
As provided for under Act 45, Section 403.102(I), the following sections
of the administrative regulations of Chapter 403.83, titled Order
to Show Cause/Order to Vacate, shall be modified as follows:
(1)
Section 403.83(b), which establishes a time line for the permit applicant
to respond within 30 days of a notice to vacate, shall be modified
by replacing the one occurrence of "30 days" with "10 days."
(2)
Section 403.83(c), which establishes a time line for the permit applicant
to respond within 30 days of a notice to vacate and to require the
Code Officer to contact the Borough's appeals board and/or the
Department within five days of any variances of the accessibility
requirements, shall be modified by replacing the one occurrence of
"30 days" with "10 days" and the two occurrences of "five days" with
"10 days."
K.
As provided for under Act 45, Section, 403.102(I), the following
sections of the administrative regulations of Chapter 403.84, titled
Unsafe Building, Structure or Equipment, shall be modified as follows:
(1)
Section 403.84(c), which establishes the procedures for notifying
the responsible persons about an unsafe structure or equipment, shall
be deleted in its entirety and replaced to read: "If an unsafe condition
is found, the Building Code Official shall serve on the owner, agent
or person in control of the structure, a written notice that describes
the condition deemed unsafe and specifies the required repairs or
improvements to be made to abate the unsafe condition, or that requires
the unsafe structure to be demolished within a stipulated time. Such
notice shall contain notification that the owner or owner's agent
shall submit a written answer and/or file an appeal as per Section
403.83."
In accordance to the structure and organization of the ICC codes,
insertions are hereby incorporated where called out by each particular
code as follows:
A.
As provided for in the actual language of the International Building
Code 2003, the following insertions are made:
(1)
Section 1612.3: amended by replacing the one occurrence of "Insert
Name of jurisdiction" with "Borough of Lansdowne."
(2)
Section 1612.3: amended by replacing the one occurrence of "Insert
Date of issuance" with "May 1, 1979."
(3)
Section 3410.2: amended by replacing the one occurrence of "Date
to be inserted by jurisdiction" with "January 1, 1979."
B.
As provided for in the actual language of the International Electrical
Code 2003, the following insertions are made:
(1)
Section 101.1: amended by replacing the one occurrence of "Insert
Name of jurisdiction" with "Borough of Lansdowne."
(2)
Section 404.2: amended by replacing the one occurrence of "Jurisdiction
to insert appropriate schedule" with "See fee schedule adopted by
Lansdowne Borough Council from time to time."
C.
As provided for in the actual language of the International Energy
Conservation Code 2003, the following insertions are made:
(1)
Section 101.1: amended by replacing the one occurrence of "Insert
Name of jurisdiction" with "Borough of Lansdowne."
D.
As provided for in the actual language of the International Fire
Code 2003, the following insertions are made:
(1)
Section 101.1: amended by replacing the one occurrence of "Insert
Name of jurisdiction" with "Borough of Lansdowne."
(2)
Section 109.3: amended by replacing the one occurrence of "OFFENSE"
with "Summary offense, and the violation shall be deemed a strict
liability offense."
(3)
Section 109.3: amended by replacing the one occurrence of "DOLLAR
AMOUNT" with "a fine of not less than $100 nor more than $1,000."
(4)
Section 109.3: amended by replacing the one occurrence of "NUMBER
OF DAYS" with "30 days in the county jail."
(5)
Section 111.4: amended by replacing the first occurrence of "DOLLAR
AMOUNT" with "$100."
(6)
Section 111.4: amended by replacing the second occurrence of "DOLLAR
AMOUNT" with "$1,000."
(7)
Section 3204.3.1.1, the storage of flammable cryogenic fluids in
stationary containers is prohibited in any residential districts.
All other areas must be approved by the Borough Council.
(8)
Section 3404.2.9.5.1, the storage of Class I and Class II liquids
in aboveground tanks outside of buildings is prohibited in any residential
districts. All other areas must be approved by the Borough Council.
(9)
Section 3406.2.4.4, the storage of Class I and Class II liquids in
aboveground tanks is prohibited in any residential district. All other
areas must be approved by the Borough Council.
E.
As provided for in the actual language of the International Fuel
Gas Code 2003, the following insertions are made:
(1)
Section 101.1: amended by replacing the one occurrence of "Insert
Name of jurisdiction" with "Borough of Lansdowne."
(2)
Section 106.5.2: amended by replacing the one occurrence of "APPROPRIATE
SCHEDULE" with "See fee schedule adopted by Lansdowne Borough Council
from time to time."
(3)
Section 106.5.3: amended by deleting the section in its entirety
and replacing it to read: "Refunds for work not started or completed
shall be as per the fee schedule as adopted by the Lansdowne Borough
Council from time to time."
(4)
Section 108.4: amended by replacing the one occurrence of "SPECIFY
OFFENSE" with "Summary offense, and the violation shall be deemed
a strict liability offense."
(5)
Section 108.4: amended by replacing the one occurrence of "AMOUNT
with "A fine of not less than $100 nor more than $1,000."
(6)
Section 108.4: amended by replacing the one occurrence of "NUMBER
OF DAYS" with "30 days in the county jail."
(7)
Section 108.5: amended by replacing the first occurrence of "AMOUNT"
with "$100."
(8)
Section 108.5: amended by replacing the second occurrence of "AMOUNT"
with "$1,000."
F.
As provided for in the actual language of the International Mechanical
Code 2003, the following insertions are made:
(1)
Section 101.1: amended by replacing the one occurrence of "Insert
Name of jurisdiction" with "Borough of Lansdowne."
(2)
Section 106.5.2: amended by replacing the one occurrence of "APPROPRIATE
SCHEDULE" with "See fee schedule adopted by Lansdowne Borough Council
from time to time."
(3)
Section 106.5.3: amended by deleting the section in its entirety
and replacing it to read: "Refunds for work not started or completed
shall be as per the fee schedule as adopted by the Lansdowne Borough
Council from time to time."
(4)
Section 108.4: amended by replacing the one occurrence of "SPECIFY
OFFENSE" with "Summary offense, and the violation shall be deemed
a strict liability offense."
(5)
Section 108.4: amended by replacing the one occurrence of "AMOUNT"
with "a fine of not less than $100 nor more than $1,000."
(6)
Section 108.4: amended by replacing the one occurrence of "NUMBER
OF DAYS" with "30 days in the county jail."
(7)
Section 108.5: amended by replacing the first occurrence of "AMOUNT"
with "$100."
(8)
Section 108.5: amended by replacing the second occurrence of "AMOUNT"
with "$1,000."
G.
As provided for in the actual language of the International Plumbing
Code 2003, the following insertions are made:
(1)
Section 101.1: amended by replacing the one occurrence of "Insert
Name of jurisdiction" with "Borough of Lansdowne."
(2)
Section 106.6.2: amended by replacing the one occurrence of "APPROPRIATE
SCHEDULE" with "See fee schedule adopted by Lansdowne Borough Council
from time to time."
(3)
Section 106.6.3: amended by deleting the section in its entirety
and replacing it to read: "Refunds for work not started or completed
shall be as per the fee schedule as adopted by the Lansdowne Borough
Council from time to time."
(4)
Section 108.4: amended by replacing the one occurrence of "SPECIFY
OFFENSE" with "Summary offense, and the violation shall be deemed
a strict liability offense."
(5)
Section 108.4: amended by replacing the one occurrence of "AMOUNT"
with "a fine of not less than $100 nor more than $1,000."
(6)
Section 108.4: amended by replacing the one occurrence of "NUMBER
OF DAYS" with "30 days in the county jail."
(7)
Section 108.5: amended by replacing the first occurrence of "AMOUNT"
with "$100."
(8)
Section 108.5: amended by replacing the second occurrence of "AMOUNT"
with "$1,000."
(9)
Section 305.6.1: amended by replacing the two occurrences of "NUMBER
OF INCHES IN TWO LOCATIONS" with "36 inches."
(10)
Section 904.1: amended by replacing the one occurrence of "NUMBER
OF INCHES" with "12 inches."
H.
As provided for in the actual language of the International Residential
Code 2003, the following insertions are made:
(1)
Section 101.1: amended by replacing the one occurrence of "Insert
Name of jurisdiction" with "Borough of Lansdowne."
(2)
Table R301.2(1), the "APPROPRIATE DESIGN CRITERIA" shall be as follows:
(a)
Ground snow load: 30 pounds per square foot.
(b)
Wind speed: 90 miles per hour (mph).
(c)
Seismic design category: C.
(d)
Weathering: severe.
(e)
Frost line depth: 36 inches.
(f)
Termite: moderate to severe.
(g)
Decay: slight to moderate.
(h)
Winter design temperature: 14.
(i)
Ice shield underlayment required: Yes.
(j)
Flood hazards: Date of adoption, January 20, 1982.
(k)
Air freezing index: 1,500.
(l)
Mean annual temperature: 53°.
(3)
Section P2603.6.19: amended by replacing the two occurrences of "NUMBER
OF INCHES" with "36 inches."
(4)
Section P3103.1: amended by replacing the two occurrences of
"NUMBER OF INCHES" with "12 inches."
I.
As provided for in the actual language of the International Existing
Building Code 2003, the following insertions are made:
A Board of Appeals shall be established by resolution of the
governing body of this municipality in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
the Board of Appeals shall be established by joint action of the participating
municipalities.
[Adopted 9-20-1995 by Ord. No. 1134]
This article shall be known and may be cited as "The Lansdowne
Borough Contractor Licensing Ordinance."
The Council finds it to be in the best interest of the residents
of the Borough of Lansdowne, Delaware County, Pennsylvania, that persons
or firms who engage in construction, repairs, painting, roofing, tree
care, remodeling, electrical work, rehabilitation or demolition and/or
operating as general contractors, subcontractors, specialty contractors
and/or home improvement contractors be required to obtain a license
from the Borough of Lansdowne for such purpose, to the end that only
responsible and qualified persons shall be permitted to engage in
such business in said Borough of Lansdowne.
As used in this article, unless the context clearly indicates
a different meaning, the following terms shall have the meanings indicated:
An agreement, whether oral or written, and whether contained
in one or more documents, between a contractor and an owner or other
contractor, for the performance of work, including all labor, services
and materials to be furnished and performed thereunder.
Any person, other than a bona fide employee of the owner,
who undertakes or offers to perform construction, repair, painting,
roofing, tree care, remodeling, electrical work, rehabilitation, demolition,
paving and any other residential or nonresidential construction or
demolition work in the Borough, whether as a general contractor, subcontractor,
specialty contractor or home improvement contractor.
The Borough Engineer.
The Building Inspector and Code Enforcement Officer of the
Borough.
The twelve-month period beginning on July 1 of each year.
Any property owner, tenant or other person who orders, contracts
for or purchases the services of a contractor, or any person entitled
to the work of a contractor pursuant to a contract, gift or otherwise.
Any individual, partnership, limited partnership, corporation
and/or other such similar entity.
The Inspector, or his or her designated representative, shall
administer and enforce this article.
No person shall act as a contractor in the Borough except in
compliance with the provisions of this article. Any person, including
an owner, who willfully aids a contractor or participates with a contractor
in violating any provision of this article is also in violation of
this article.
A license issued pursuant to this article shall not be construed
to authorize the licensee to perform any particular type of work or
type of business which is reserved to qualified licensees under the
other provisions of state or local law.
A.
Such application shall be made by the completion of an application
form furnished by the Borough and the payment of a license fee as
hereinafter set forth in this article. Each application must contain
information as set forth hereinafter in this article, and each applicant
must present satisfactory proof of insurance as set forth hereinafter
in this article. Each application for a license shall be signed by
the applicant, if a natural person, and, in the case of an association
or a partnership and/or any similar business entity, by a member or
partner thereof and, in the case of a corporation, by an officer thereof.
B.
Each successful applicant shall be issued a license, which shall
be in the form of a wallet-size card and in the form of a vehicle
sticker which must be prominently displayed. Every licensed contractor
while actually acting as a contractor in the Borough shall carry such
license with him or her and shall display it to the Inspector or his
or her representatives upon demand. Every licensed contractor shall
at all times display his or her sticker license on the vehicle he
or she primarily uses in his or her activities as a contractor.
C.
All contractors' licenses shall expire at 12:00 midnight on June 30 of each license year unless the license is revoked or suspended prior thereto under § 146-17.
D.
A person with an unexpired license which has not been revoked or
suspended during the current license year who makes application for
a license for the following license year need not complete an application
form, but must submit the required license fee and current certificate
of insurance, and if he or she qualifies for licensing and renewal
under the terms of this article, his or her license shall be renewed
for the following license year and he or she will be issued a new
license for the following license year.
E.
Any contractor carrying on the business of a contractor in the Borough
must obtain a license under this article for each license year during
which he or she carries on such business.
No contractor's license shall be required of a person who
performs labor or services for a contractor for wages or salary.
A.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Inspector at the time of
the license application. The certificate of insurance shall contain
a provision that coverage afforded under the policy will not be canceled
until at least 15 days' prior written notice of such cancellation
has been given to the Borough. The certificate of insurance must evidence
policies of insurance (maintained at the expense of the applicant)
for public liability, property damage, products liability and completed
operations, each of which must have a single occurrence limit of at
least $300,000. Blasting and demolition insurance shall also be required
for blasting and demolition contractors, and the reasonable limits
of such insurance shall be determined by the Inspector or the Engineer
at the time of the application, based on the nature and extent of
the applicant's proposed operations.
B.
All types and limits of insurance for which certificates are presented at the time of application, and upon the basis of which a license is issued, shall be maintained throughout the license year, or the license will be suspended or revoked as set forth in § 146-17. The Inspector must approve the responsibility of new insurance carriers prior to a change in a carrier during a license year.
C.
No contractor's license shall be issued unless the applicant
files a certificate of insurance evidencing workmen's compensation
coverage with the Inspector at the time of the license application.
The certificate of insurance shall contain a provision that coverage
afforded under the policy will not be canceled until at least 15 days'
prior written notice of such cancellation has been given to the Borough.
A.
At the time of the application for a new license or for the renewal
of a current license, the applicant shall pay to the Inspector a license
application fee as set forth from time to time by resolution of the
Borough Council, made payable to the Borough.
[Amended 6-16-1999 by Ord. No. 1155]
B.
No fee or portion thereof shall be returned to any applicant.
A.
When an application has been filed with the Borough in proper form,
the Inspector must, within a period of 30 days from the date following
the date the application is received, issue or refuse to issue the
appropriate contractor's license to the applicant. If issuance
of a license is denied, the Inspector shall mail to the unsuccessful
applicant a written statement setting forth the reason or reasons
for the denial, within the aforesaid thirty-day period.
B.
The application for a license shall be a printed form, provided to
the applicant by the Inspector, and the application shall require
a written answer to all questions contained thereon. Failure to answer
all questions on the application form shall mean that the applicant
is not entitled to consideration of his or her application until he
or she has answered all questions. The application form shall be signed
by the applicant and subject to the provisions of the law concerning
unsworn falsification to authorities. The questions and information
requested on the application form shall include, but shall not be
limited to, the following:
(1)
The names of owners, partners, directors and officers of the applicant,
and the business address and trade names of the applicant and business
telephone number and an emergency telephone number.
(2)
A statement as to whether or not any municipality has refused to
issue to the applicant or has revoked from the applicant any similar
contractor's license within two years previous to the date of
the application. If there has been such denial or revocation, the
applicant must explain in writing the reasons for the same.
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name
or insurance carrier, notify the Borough, in writing, of such change.
Any of the following circumstances is sufficient cause to deny
the issuance of a license under this article or a renewal thereof
or for revoking a license previously issued:
A.
The applicant falsely answered any question contained on the application
form.
B.
The applicant has been refused a similar contractor's license
or has had a similar contractor's license revoked or suspended
by another municipality within two years prior to the date of application
for issuance or renewal, if the refusal, revocation or suspension
by the other municipality was due to failure to comply with that municipality's
building codes.
C.
The licensee fails to maintain, during the license year, the policies
of insurance required under this article.
E.
The licensee violates any condition or requirement of a building
permit, sewer construction permit or highway permit issued by the
Borough.
F.
The licensee willfully deviates from or disregards any plans or specifications
for a contracting job in a material respect without first obtaining
the consent of the owner, in writing, to such change and without first
notifying the Inspector of such change.
G.
The licensee does business through a person who is subject to the
licensing requirements of this article but who is not licensed as
required by this article.
H.
The licensee fails to comply with an order, demand or requirement
lawfully made by the Inspector under the authority of this article
or any other Borough ordinance.
In addition to refusal or revocation of a license, as provided in § 146-17, whoever violates or fails to comply with any of the provisions of this article shall be fined up to $1,000 for each offense, together with the costs of prosecution, or shall be subject to imprisonment in the county jail for a term not to exceed 30 days, or an equal amount of time in community service to be designated by the Magisterial District Judge, or both. The fine imposed under this section shall be in addition to any other penalty imposed by this article.