Part Fourteen - Building and Housing Code

Title Two - Building Standards

Chap. 1420. Adoption of Codes.

Chap. 1422. National Electrical Code (Repealed).

Chap. 1424. International Plumbing Code (Repealed).

Chap. 1426. International Mechanical Code (Repealed).

Chap. 1428. Municipal Building Code.

Title Four - Building Administration

Chap. 1440. Building Inspector.

Chap. 1442. Building Permits, Certificates and Fees.

Chap. 1444. Use and Occupancy Permits.

Chap. 1446. Certificates of Occupancy.

Chap. 1448. Registration of Contractors.

Title Six - Miscellaneous Building Regulations

Chap. 1460. Chimneys, Flues, Fireplaces and Registers.

Chap. 1462. Construction Standards, Materials and Specifications.

Chap. 1464. Fire Hydrants.

Chap. 1466. Flood Damage Prevention.

Chap. 1468. Numbering of Buildings.

Chap. 1470. Oil Tanks.

Chap. 1472. Smoke Detector Systems.

Chap. 1474. Stairways.

Chap. 1476. Swimming Pools.

Chap. 1478. Topsoil, Sand and Gravel Removal.

Chap. 1480. Vacant Structures.

Chap. 1482. Walls.

Chap. 1484. Windows.

Title Eight - Housing Standards

Chap. 1490. International Property Maintenance Code.

 


CHAPTER 1420 - Adoption of Codes

1420.01 International Building Code.

1420.02 International Existing Building Code.

1420.03 International Residential Code.

1420.04 All other codes required by the Pennsylvania Uniform Construction Code.

    CROSS REFERENCES

    Enactment of building codes - see 1st Class § 1502-XIX

    Appointment of Building Inspector - see 1st Class § 1502-XX

    Building lines - see 1st Class § 1502-XXI

    Public buildings - see 1st Class §§ 2801 et seq.

    Nonconforming buildings - see P. & Z. Ch. 1288

    Certificates of occupancy - see B. & H. Ch. 1446

1420.01 INTERNATIONAL BUILDING CODE.

There is hereby adopted, for the purpose of establishing rules and regulations for the International Building Code, 2009, save and except such portions as are hereinafter deleted or amended, of which Code not less than three copies have been and are now filed in the office of the Township Secretary, and the same is hereby adopted and incorporated as fully as if set out at length herein. From the date on which this section takes effect, the provisions thereof shall be controlling in the construction of all buildings and structures, and in all other subjects therein contained, within the corporate limits of the Township.

(Ord. 2010-01. Passed 4-19-10)

1420.02 INTERNATIONAL EXISTING BUILDING CODE.

There is hereby adopted, for the purpose of establishing rules and regulations for the International Existing Building Code, 2009, save and except such portions as are hereinafter deleted or amended, of which Code not less than three copies have been and are now filed in the office of the Township Secretary, and the same is hereby adopted and incorporated as fully as if set out at length herein. From the date on which this section takes effect, the provisions thereof shall be controlling in the construction of all buildings and structures, and in all other subjects therein contained, within the corporate limits of the Township.

(Ord. 2010-01. Passed 4-19-10)

1420.03 INTERNATIONAL RESIDENTIAL CODE.

There is hereby adopted, for the purpose of establishing rules and regulations for the International Residential Code, 2009, save and except such portions as are hereinafter deleted or amended, of which Code not less than three copies have been and are now filed in the office of the Township Secretary, and the same is hereby adopted and incorporated as fully as if set out at length herein. From the date on which this section takes effect, the provisions thereof shall be controlling in the construction of all buildings and structures, and in all other subjects therein contained, within the corporate limits of the Township.

(Ord. 2010-01. Passed 4-19-10)

1420.04 ALL OTHER CODES REQUIRED BY THE PENNSYLVANIA UNIFORM CONSTRUCTION CODE.

All other codes required by the Pennsylvania Uniform Construction Coed are hereby adopted, save and except such portions as are hereinafter deleted or amended, of which not less than three copies have been and are now filed in the office of the Township Secretary, and the same is hereby adopted and incorporated as fully as if set out at length herein. From the date on which this section takes effect, the provisions thereof shall be controlling in the construction of all buildings and structures, and in all other subjects therein contained, within the corporate limits of the Township.

(Ord. 2010-01. Passed 4-19-10)


CHAPTER 1422 - National Electrical Code (Repealed)

Editor's Note. Chapter 1422 was repealed in its entirety by Ord. 2010-01, passed 4-19-10.


CHAPTER 1424 - International Plumbing Code (Repealed)

Editor's Note. Chapter 1424 was repealed in its entirety by Ord. 2010-01, passed 4-19-10.


CHAPTER 1426 - International Mechanical Code (Repealed)

Editor's Note. Chapter 1426 was repealed in its entirety by Ord. 2010-01, passed 4-19-10.


CHAPTER 1428 - Municipal Building Code

1428.01 Adoption by reference.

1428.02 Board of Appeals established.

1428.03 Continuation of existing codes.

1428.04 Fees.

    CROSS REFERENCES

    Board of Appeals - see ADM. Ch. 284

1428.01 ADOPTION BY REFERENCE.

(a) The Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S., 7210.101-7210.1103, as amended, from time to time, and its regulations.

(b) The Uniform Construction Code, contained in 34 PA Code, Chapters 401 - 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the Municipal Building Code of the Township of Lower Chichester.

(c) Administration and enforcement of the Code within the Township of Lower Chichester shall be undertaken in any of the following ways as determined by the governing body of this Township from time to time by resolution:

  (1) By the designation of an employee of the Township to serve as the Municipal Code Official to act on behalf of the Township;

  (2) By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township;

  (3) By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an inter-municipal agreement;

  (4) By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this Township; and

  (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.

(Ord. 2004-01. Passed 5-17-04.)

1428.02 BOARD OF APPEALS ESTABLISHED.

A Board of Appeals shall be established by resolution of the governing body of the Township 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, said Board of Appeals shall be established by joint action of the participating municipalities.

(Ord. 2004-01. Passed 5-17-04.)

1428.03 CONTINUATION OF EXISTING CODES.

(a) All building code ordinances or portion 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, as amended from time to time.

(b) All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.

(c) All relevant ordinances, regulations and policies of the Township not governed by the code shall remain in full force and effect.

(Ord. 2004-01. Passed 5-17-04.)

1428.04 FEES.

Fees assessable by the Township for the administration and enforcement undertaken pursuant to this chapter and the code shall be established by the governing body by resolution from time to time.

(Ord. 2004-01. Passed 5-17-04.)


Title Four - Building Administration

CHAPTER 1440 - Building Inspector

1440.01 Duties and powers

1440.02 Inspections; notification of violations.

1440.03 Status reports; collection and deposit of fees.

1440.04 Appeals from decisions of Building Inspector.

1440.05 Compensation.

    CROSS REFERENCES

    Appointment of Building Inspector - see 1st Class § 1502-XX

    General authority re Zoning Code administration and enforcement - see P. & Z. 1262.01

    Applications for building permits - see P. & Z. 1262.02

    Building permit fees - see B. & H. Ch. 1442

1440.01 DUTIES AND POWERS.

(a) On and after the adoption of this Building and Housing Code, it shall be the duty of the Building Inspector to examine all plans and specifications for any proposed new building or structure or alterations or additions to present buildings or structures, and to grant a permit therefor within fifteen days from the date of such application, if the plans and specifications meet the requirements of this Building and Housing Code or any amendments thereto. If the plans and specifications do not meet said requirements, or are so indefinite as to not explain the nature of the work to be done, the Building Inspector shall refuse to issue a permit therefor.

(b) The Building Inspector shall keep copies of all applications, plans and specifications, and shall make a record of all permits and refusals. After a permit has been granted, it shall be his or her duty to make an inspection of the work as it progresses, and should he or she find that the work is not being done in accordance with the application, plans and specifications, he or she shall order the work stopped at once, and then require the removal and proper replacement of such parts as are in violation of this Building and Housing Code, and shall not allow the work to proceed except upon a written agreement of the contractor or owner that the work so condemned will be removed and properly rebuilt. The said contractor or owner shall have the right to appeal to the Board of Commissioners on any matter involving the interpretation of compliance with this Building and Housing Code. Upon a violation by the contractor or owner of the permit granted or of the rights granted thereunder, the Building Inspector shall have the power to revoke said permit in writing.

(c) If, through faulty design, carelessness in execution of the work or other acts of the contractor, owner or agent, there should ensue a condition of menace or danger to adjacent property or to the general public, the Building Inspector, upon a refusal of the contractor, owner or agent to take immediate measures to insure safety to such adjacent property or to the general public, shall notify the Township Commissioners of the necessity of action and, upon their instructions, shall have the power to enter upon the premises and take such measures as are necessary for safety, the expense of such work be charged against the owner or agent of the property, collectible as such debts are now by law collected.

(d) Methods of construction or kinds or types of materials not provided for in this Building and Housing Code must have the prior approval of the Building Inspector noted in writing on the permit.

(Ord. 288. Passed 5-24-54.)

1440.02 INSPECTIONS; NOTIFICATION OF VIOLATIONS.

It shall be the duty of the Building Inspector, after issuance of a permit, to inspect all buildings or structures under erection, and to see that the provisions of this Building and Housing Code and plans and specifications are complied with, and any omission on his or her part or failure to properly perform the duties as above set forth, will be just cause for his or her removal from the office of Building Inspector. He or she shall also report to and notify the Commissioners and the Township Solicitor of any violations of this Building and Housing Code.

(Ord. 288. Passed 5-24-54.)

1440.03 STATUS REPORTS; COLLECTION AND DEPOSIT OF FEES.

The Building Inspector shall return a report to the Township Commissioners at each regular monthly meeting, setting forth a list of permits granted, which record shall show the name of the owner, agent, contractor or builder, the purpose of each permit and the amount of fees collected. The total amount of fees so collected shall be returned to the Township Treasury, and the payment of the Building Inspector's compensation shall then be authorized by the Township Commissioners.

(Ord. 288. Passed 5-24-54.)

1440.04 APPEALS FROM DECISIONS OF BUILDING INSPECTOR.

(a) Any applicant for a permit whose application has been refused, or any person who has been ordered by the Inspector to incur any expenses by reason of the provisions hereof, may appeal to the Board of Township Commissioners by giving to the Building Inspector and the Secretary of the Board of Commissioners notice in writing that he or she does so appeal. If the appeal shall be from an order refusing a permit, it shall be taken within fifteen days from refusal of such permit, and not thereafter. If the appeal is from an order to take down or remove a dangerous building or structure or dangerous wall or walls, it shall be taken within three days from the issuing of such orders, and not thereafter.

(b) All cases where appeals have been taken as above provided shall be referred to the Board of Township Commissioners as a Board of Appeal.

(c) The Board of Commissioners shall, after a hearing, direct a permit under such conditions, if any, as it may require, or withhold the same or make such other and further order as the Board shall deem proper. The decision of the Building Inspector, unappealed from, shall be final and conclusive in any subsequent proceedings in the matter in question in court or otherwise.

(Ord. 288. Passed 5-24-54.)


1440.05 COMPENSATION.


The Building Inspector shall be compensated from fees received by the Township during each calendar year in the sum of thirty percent of all fees collected. No other Township official shall receive any portion of such fees.


(Ord. 288. Passed 5-24-54.)



CHAPTER 1442 - Building Permits, Certificates and Fees

1442.01 Building permit required.

1442.02 Building permit fees.

1442.025 Denial of building permit because of delinquent or unpaid taxes, charges or other fees.

1442.03 Electrical permit fees.

1442.04 Plumbing fees.

1442.05 Boiler installation permit and fee.

1442.06 Sign permit fees.

1442.07 Permit to store building materials; fees.

1442.08 Permit time limitation and expiration.

1442.09 Exemptions from fee requirements.

1442.10 Plans and specifications.

1442.11 Building on party or street lines; Engineer's certificate required.

1442.12 Contractors subject to Workers' Compensation Act.

1442.13 Violations; declaration of nuisance.

1442.99 Penalty.

    CROSS REFERENCES

    Building permits - see 1st Class § 1502-XVIII

    Building permits for pavement of streets - see P. & Z. 1222.02

    Applications for building permits - see P. & Z. 1262.02

    Use and occupancy permits - see B. & H. Ch. 1444

    Building permits required in flood hazard areas - see B. & H. 1466.06, 1466.07, 1466.10, 1466.11, 1466.15

1442.01 BUILDING PERMIT REQUIRED.

No person shall proceed with the erection, alteration or enlargement of any building or structure, or any part thereof, in the Township, unless application for a permit shall have been made by the owner, agent or contractor to the Building Inspector and a permit shall have been properly obtained. In no instance shall a permit be issued for the erection of a building or structure which, in appearance, design or location, shall be detrimental to the buildings already erected in that particular section.

(Ord. 288. Passed 5-24-54.)

1442.02 BUILDING PERMIT FEES.

A fee for building permits for construction, alteration or repair shall be as follows:

* Fees are subject to change please visit the Permits page or contact the Township for current rates.

RESIDENTIAL

Estimated Cost

Fee

800 or less

35.00

801 to 1,500

45.00

1,501 to 2,500

55.00

2,501 to 7,000

75.00

7,001 to 10,000

100.00

plus $10.00 per every $1,000, or fraction thereof, exceeding $10,000

COMMERCIAL AND INDUSTRIAL

Estimated Cost

Fee

800 or less

40.00

801 to 1,500

50.00

1,501 to 2,500

75.00

2,501 to 7,000

100.00

7,001 to 10,000

150.00

plus $15.00 per every $1,000, or fraction thereof, exceeding $10,000

(Ord. 86-6. Passed 10-20-86.)

1442.025 DENIAL OF BUILDING PERMIT BECAUSE OF DELINQUENT OR UNPAID TAXES, CHARGES OR OTHER FEES.

No building permit or certificate shall be issued if at the time of application there are any outstanding or delinquent unpaid taxes, and other Municipal charges, including, but not limited to, real estate taxes, Municipal claims, Municipal liens or delinquent sewer rentals and refuse collection fees.

(Ord. 00-3. Passed 5-15-00.)

1442.03 ELECTRICAL PERMIT FEES.

Fees for electrical permits or renewals thereof required by this Building and Housing Code shall be as follows:

(a) Where the total valuation of the electrical work, as determined by the Electrical Inspector, is less than twenty-five dollars ($25.00), no fee shall be required for the permit; however, an electrical inspection is required.

(b) More than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00), the sum of five dollars ($5.00).

(c) More than one hundred dollars ($100.00) and not more than two hundred dollars ($200.00), the sum of six dollars ($6.00).

(d) More than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00), the sum of seven dollars ($7.00).

(e) More than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000), the sum of fifteen dollars ($15.00).

(f) More than one thousand dollars ($1,000) the sum of ten dollars ($10.00), plus the sum of five dollars ($5.00) for each one thousand dollars ($1,000) or fraction thereof of total valuation.

1442.04 PLUMBING FEES.

(a) Inspection Fees. The plumber shall pay to the Township Secretary, at the time plans are filed, the following inspection fees:

* Fees are subject to change please visit the Permits page or contact the Township for current rates.

New bathroom

35.00

New water heater

15.00

New kitchen sink

10.00

Replacement of fixtures

10.00

Water service:

 

3/4 inch

20.00

1 inch and over

35.00

Toilet

10.00

Replace air conditioner

25.00

Sewer, house to street

40.00

Replace curb trap

20.00

Where a job entails more than five fixtures, the fee shall be thirty-five dollars ($35.00) for the first five fixtures and ten dollars ($10.00) for each additional fixture.

(Ord. 87-9. Passed 11-16-87.)

(b) Sewer Entrance Fee. The plumber shall pay to the Township Secretary, at the time application is made for permission to connect with the public sewer, the sum of one hundred dollars ($100.00) for each connection.

(c) Inspection of Sprinkler Systems. There is hereby established the following fee schedule for inspection of sprinkler system installations:

  $1.50/head up to the first 100 heads;

  $1.25/head from 100 to 150 heads;

  $1.00/head for 150 heads and over.

(Res. 92-7. Passed 5-18-92.)

1442.05 BOILER INSTALLATION PERMIT AND FEE.

The installation of any type of furnace or heating boiler shall require a permit from the Township Secretary. The fee for such permit shall be twenty-five dollars ($25.00).

(Ord. 87-9. Passed 11-16-87.)


1442.06 SIGN PERMIT FEES.

Fees for sign permits shall be as follows:

* Fees are subject to change please visit the Permits page or contact the Township for current rates.

Size (sq. ft.)

Fee

2 to 25

25.00

26 to 50

50.00

over 50

1.00 per sq. ft.

Temporary signs

20.00

(Ord. 86-6. Passed 10-20-86.)

1442.07 PERMIT TO STORE BUILDING MATERIALS; FEES.

Where it is not possible to continue the storage of building materials within the area of the property which is to be improved or altered, a separate application shall be made to the Building Inspector to occupy the adjacent public street or highway. Provided the application does not conflict with the other provisions of this Building and Housing Code a separate permit shall be granted for a period not exceeding three months consecutively. The fees for said permit shall be as follows: For the frontage of the property three dollars ($3.00) per month, and a further sum of one dollar ($1.00) per month for each additional twenty feet or fraction thereof occupied in front of an adjacent property, but no street permit shall be issued for the use of a street in front of an adjacent property without the approval of the Building Inspector and the approval of the adjacent property owner. No permit of this nature shall be granted by the Building Inspector for an adjacent highway which, in its width, is classified as an alley. The fees for this highway occupancy shall in full revert to the Township Treasury. No provision of this section is applicable to a State highway.

(Ord. 288. Passed 5-24-54.)

1442.08 PERMIT TIME LIMITATION AND EXPIRATION.

Active work on all operations for which permits may have been granted shall begin within a period of three months from the date of granting such permit and shall be completed within one year of the starting date, unless an extension is granted by the Building Inspector; otherwise the permit shall be void. However, all garages must be completed within six months from the date of granting such permit; otherwise the permit therefor shall be void.

(Ord. 288. Passed 5-24-54.)

1442.09 EXEMPTIONS FROM FEE REQUIREMENTS.

Structures erected, altered or added to, which are used for Municipal or school purposes, fire houses and churches, are exempt from the permit fees provided in this chapter, provided, however, that the construction of said structure is constantly supervised by an architect, but in such cases the application must be filed and the permit granted as in all other cases.

(Ord. 288. Passed 5-24-54.)

1442.10 PLANS AND SPECIFICATIONS.

(a) For each new building, structural alteration or addition to an existing building or structure, there shall be filed a duplicate set of plans and specifications, clearly setting forth the nature and extent of the work proposed to be done. The plans shall be dated and drawn to scale, and the name of the architect, engineer or draftsman shall be inscribed thereon.

(b) The plans and specifications submitted to the Building Inspector shall be given the same number as the permit, and any corrections to be made are to be clearly marked in contrasting colors. The approved set of the plans and specifications so marked shall be kept by the Building Inspector, and the duplicate approved copy properly stamped and returned to the applicant.

No changes are to be made on the plans and specifications after a permit has been granted, except upon written approval of the Building Inspector.

(c) Where an alteration or extension to an existing building or structure is, in the opinion of the Building Inspector, of so minor a nature or character that it cannot be clearly set forth upon a set of plans and/or specifications, a written application to the Building Inspector, setting forth in detail the work proposed to be done, will be deemed sufficient.

(Ord. 288. Passed 5-24-54.)

1442.11 BUILDING ON PARTY OR STREET LINES; ENGINEER'S CERTIFICATE REQUIRED.

No person shall begin the foundation of, extend, erect or build any building or structure upon a party line or street, drive or alley, without first applying to the Township Engineer to stake or mark out such lines. The Engineer's certificate shall be necessary and supplemental to the permit issued by the Building Inspector.

(Ord. 288. Passed 5-24-54.)

1442.12 CONTRACTORS SUBJECT TO WORKERS' COMPENSATION ACT.

Every contractor subject to the Pennsylvania Workers' Compensation Act must comply with Act 1993-44 prior to being issued a building permit by the Township, in addition to complying with any other applicable Municipal ordinances.

(Ord. 94-2. Passed 4-18-94.)

1442.13 VIOLATIONS; DECLARATION OF NUISANCE.

No person shall erect, remove, alter or repair, or do or cause to be done any work in the erection, removal, alteration or repair of any building, without first obtaining the proper permits required by this chapter. No person shall fail to comply with any of the requirements of the permit or of this chapter. No person shall fail to comply with any regulation, order or direction of the Building Inspector. Any building erected, altered or placed in violation of the provisions of this chapter shall be deemed a public nuisance and abatable as such.

(Ord. 288. Passed 5-24-54.)

1442.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


Chapter 1444 - Use and Occupancy Permits

EDITOR'S NOTE: This chapter, previously a codification of Ordinance 91-4, passed June 24, 1991, and Resolution 91-5, passed June 24, 1991, and titled "Use Registration Permits," was repealed in its entirety and re-enacted under its present title by Ordinance 00-2, passed May 15, 2000.

1444.01 Short title.

1444.02 Purpose.

1444.03 Use and occupancy permit required.

1444.04 Scope.

1444.05 Permit application.

1444.06 Permit issuance.

1444.07 Permit revocation; cease and desist orders.

1444.08 Fee schedule.

1444.09 Denial of permits because of delinquent or unpaid taxes, charges or other fees.

1444.99 Penalty; equitable remedies.

    CROSS REFERENCES

    Building permits - see 1st Class § 1502-XVIII

    Building permits for pavement of streets - see P. & Z. 1222.02

    Applications for building permits - see P. & Z. 1262.02

    Building permits, certificates and fees - see B. & H. Ch. 1442

    Certificates of occupancy - see B. & H. Ch. 1446

    Building permits required in flood hazard areas - see B. & H. 1466.06, 1466.07, 1466.10, 1466.11, 1466.15

1444.01 SHORT TITLE.

The chapter shall now be known and may be cited as the "Non-Residential Use and Occupancy Ordinance."

(Ord. 00-2. Passed 5-15-00.)

1444.02 PURPOSE.

The purpose of this chapter is to ensure the proper use of land; to ensure the safe use by the general public of property for non-residential purposes; to maintain the appearance of the Township of Lower Chichester; to gather and disseminate information essential to the agencies who are entrusted to protect the health, safety and general welfare of the community; and to obtain information from those agencies to supply to non-residential occupants.

(Ord. 00-2. Passed 5-15-00.)

1444.03 USE AND OCCUPANCY PERMIT REQUIRED.

All commercial, industrial and non-residential establishments and uses operating within the Township shall obtain a use and occupancy registration permit which shall be kept on public display at such commercial, industrial and non-residential establishment and use.

(Ord. 00-2. Passed 5-15-00.)

1444.04 SCOPE.

All persons, partnerships, corporations and/or entities occupying, using, allowing to be occupied or used or intending to occupy or use, any lot, building, real estate or section of any type of structure within the Township of Lower Chichester (hereinafter referred to as the "Township"), knowingly or unknowingly, are subject to this chapter.

(a) No person, partnership, corporation and/or entity may operate a business or conduct other non-residential uses without a valid, current use and occupancy permit, to be obtained annually.

(b) The current use and occupancy permit must be prominently displayed at the place of business.

(c) The use listed on the use and occupancy permit is the only permitted use for the designated use area.

(d) Change of ownership of the property, change of use of the property, or change of occupant of the property shall require a new use and occupancy certificate, thus necessitating a new application and inspection.

(Ord. 00-2. Passed 5-15-00.)

1444.05 PERMIT APPLICATION.

Any person, partnership, corporation and/or entity (hereinafter referred to as the "applicant") using or causing to be used any lot, building, real estate or section of any type of structure for any purpose other than a private residence must make application to obtain a use and occupancy permit from the Township annually, on forms the Township will supply.

(Ord. 00-2. Passed 5-15-00.)

1444.06 PERMIT ISSUANCE.

A use and occupancy permit shall be issued when all of the following conditions are met:

(a) The property and use are permitted pursuant to the applicable zoning ordinance.

(b) Required licenses from all appropriate government agencies are obtained and proof is supplied to the Township.

(c) Commonwealth of Pennsylvania Department of Labor and Industry approval is obtained, when applicable.

(d) Requirements of Federal and Commonwealth accessibility legislation availability have been met, when applicable.

(e) The use and structure meet all standards outlined in these Codified Ordinances regarding the occupancy and use of the structure and premises.

(Ord. 00-2. Passed 5-15-00.)

1444.07 PERMIT REVOCATION; CEASE AND DESIST ORDERS.

A use and occupancy permit will be revoked by the Township and a cease and desist operation order may be issued for the following causes:

(a) Making false or misleading statements on any application or information sheet.

(b) Failure to maintain licenses associated with the use stated in the use and occupancy permit.

(c) Loss of Pennsylvania Department of Labor and Industry approval.

(d) Violation of the Pennsylvania or Federal handicap accessibility requirements.

(e) Failure to maintain the physical structure in accordance with these Codified Ordinances.

(Ord. 00-2. Passed 5-15-00.)

1444.08 FEE SCHEDULE.

Fees for application, inspection and issuance of use and occupancy permits will be set by the Board of Commissioners of the Township of Lower Chichester by resolution.

(Ord. 00-2. Passed 5-15-00.)

1444.09 DENIAL OF PERMITS BECAUSE OF DELINQUENT OR UNPAID TAXES, CHARGES OR OTHER FEES.

No use and occupancy or registration permits for commercial, industrial or non-residential establishments or uses shall be issued if, at the time of application, there are any outstanding or delinquent unpaid taxes and other Municipal charges, including, but not limited to, real estate taxes, Municipal claims, Municipal liens or delinquent sewer rentals and refuse collection fees.

(Ord. 00-3. Passed 5-15-00.)

1444.99 PENALTY; EQUITABLE REMEDIES.

(a) Any person, corporation or other entity who or which violates any provision of this chapter shall, upon conviction thereof, be guilty of a summary offense punishable by a fine not to exceed one thousand dollars ($1,000) and/or a term of incarceration not to exceed thirty days, in addition to all court costs, expenses and attorney fees incurred by the Township.

(b) Each day that the violation of this chapter occurs or continues shall constitute a separate and distinct offense.

(c) If any building, structure or land is, or is proposed to be, erected, constructed, maintained or used in violation of this chapter, or any cease operations order or similar order issued by the Building Inspector, the Board of Commissioners, its authorized representative and/or the Building Inspector/Zoning Officer may, in addition to other remedies, institute in the name of the Township any and all appropriate civil, equitable or administrative proceedings or causes of action to prevent, restrain, correct or abate such building, structure or land use, or to prevent in or about such premises any act, conduct, business or use constituting a violation of either this chapter or an order of the Building Inspector/Zoning Officer by any person, partnership, corporation or other entity who or which owns, maintains, possesses or otherwise has control of the offending building, structure or land.

The Township Commissioners or their authorized representative and/or the Building Inspector/Zoning Officer may, in addition to the civil, equitable and administrative remedies authorized above, commence a civil enforcement proceeding in the name of the Township against any person, partnership, corporation or other entity, which has violated or permitted the violation of the provisions of this chapter or any order of the Building Official/Zoning Officer, and upon a finding of liability against a defendant in any such civil enforcement proceeding, shall require the payment of a judgment of not more than one thousand dollars ($1,000), in addition to all court costs, expenses and attorneys' fees incurred by the Township as a result of such action.

The Township Commissioners or their authorized representative and/or the Building Inspector/Zoning Officer may bring such actions within any court recognized by the Commonwealth of Pennsylvania.

Each day that a violation of this chapter or any order of the Building Inspector/Zoning Officer occurs or continues shall constitute a separate and distinct violation.

(Ord. 00-2. Passed 5-15-00.)


Chapter 1446 - Certificates of Occupancy

1446.01 Dwelling defined.

1446.02 Compliance required.

1446.03 Certificate required prior to sale or lease.

1446.04 Eligibility for certificate.

1446.05 Inspections; obstruction of official duties.

1446.06 Inspection and certificate fee.

1446.07 Certificate renewal.

1446.08 Certificate revocation.

1446.09 Denial of certificate of occupancy because of delinquent or unpaid taxes, charges or other fees; issuance of temporary certificate of occupancy.

1446.99 Penalty.

    CROSS REFERENCES

    Building permits - see 1st Class § 1502-XVIII

    Building permits for pavement of streets - see P. & Z. 1222.02

    Applications for building permits - see P. & Z. 1262.02

    Building permits, certificates and fees - see B. & H. Ch. 1442

    Use and occupancy permits - see B. & H. Ch. 1444

    Mixed occupancy - see B. & H. 1462.04

    Information required re occupancy - see B. & H. 1462.05

    Building permits required in flood hazard areas - see B. & H. 1466.06, 1466.07, 1466.10, 1466.11, 1466.15

1446.01 DWELLING DEFINED.

As used in this chapter, "dwelling" includes any building, apartment house, condominium, multiple occupancy building, structure or place in which it is intended or likely that people will dwell or habitate and shall specifically include any structure or building in which it is intended or likely that people will sleep. By way of illustration, but without limitation, the term shall include single-family residences, duplexes, apartment houses, condominiums, hotels, motels, boarding houses, rowhouses, townhouses, mobile homes and room rental.

(Ord. 87-4. Passed 7-20-87.)

1446.02 COMPLIANCE REQUIRED.

All persons owning or in control of dwellings in the Township must apply immediately for a certificate of occupancy to the Township Secretary by October 1, 1987. A ten percent penalty will be added if payment is received after October 1 of the permit year.

(Ord. 87-4. Passed 7-20-87.)

1446.03 CERTIFICATE REQUIRED PRIOR TO SALE OR LEASE.

No person owning, managing, conducting or operating a dwelling and/or dwelling unit shall sell such dwelling or dwelling unit, or rent, lease or let out such dwelling and/or dwelling unit, or permit same to be occupied for any reason whatsoever, without first obtaining a certificate of occupancy from the Building Inspector.

(Ord. 87-4. Passed 7-20-87.)

1446.04 ELIGIBILITY FOR CERTIFICATE.

In order to be eligible for a certificate of occupancy, the dwelling and/or dwelling unit must comply with all ordinances of the Township and the laws of the Commonwealth pertaining to building, plumbing, electrical, zoning, health, safety, fire, fire prevention and minimum housing standards, as well as with all departmental regulations established pursuant to such ordinances and laws. Further, for the sale of a dwelling, the following additional requirements shall be met:

(a) The existing public sidewalks, public curbs, private driveways and/or private alleyways of such dwelling must be in good repair and must meet the minimum standards of this Building and Housing Code and all other applicable codes and ordinances relative thereto; or

(b) If there are no existing public sidewalks and/or public curbs, the same shall be constructed by the owner of such dwelling in compliance with the ordinances of the Township relative thereto.

(Ord. 87-4. Passed 7-20-87.)

1446.05 INSPECTIONS; OBSTRUCTION OF OFFICIAL DUTIES.

(a) The designated Township official shall make or cause to be made inspections to determine the conditions of all structures and premises in order to safeguard the safety, health and welfare of the public under the provisions of this Building and Housing Code. The proper Township official is authorized to enter any structure or premises at any reasonable time for the purpose of performing his or her duties under this Building and Housing Code. The owner, occupant or operator of every structure or premises, or the person in charge thereof, shall give the Township official free access thereto and to all parts thereof and to the premises on which such structure is located at all reasonable times for the purpose of such inspection, examination and survey.

(b) No person shall refuse entrance to or impede an inspector or official authorized under this Building and Housing Code in the performance of his or her duties. Every such inspector or official shall have the right to enter, examine and survey all premises, grounds and structures and every part thereof at all reasonable times upon display of proper identification.

If any owner, occupant, or other person in charge of a structure subject to the provisions of this Building and Housing Code refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this Building and Housing Code is sought, the administrative authority may seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference. Every occupant of a structure or premises shall give the owner or operator thereof, or his or her agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this chapter.

(Ord. 87-4. Passed 7-20-87.)

1446.06 INSPECTION AND CERTIFICATE FEE.

(a) The fee to be charged for the inspection and certificate shall be the sum of one hundred dollars ($100.00), which is to be paid at the time the application for a certificate is made.

(b) In addition to the above fee, a fee of seventy-five dollars ($75.00) will be charged if the property is not available for inspection on the date scheduled. The additional seventy-five dollar ($75.00) fee will also be charged if the owner of the property reschedules the appointment more than ten days after receipt of the notice of appointment for the inspection of the property.

(Res. 00-8. Passed 2-21-00; Res. 2003-10. Passed 7-21-03; Res. 2005-13. Passed 12-19-05.)

1446.07 CERTIFICATE RENEWAL.

A certificate of occupancy shall be required to be renewed on an annual basis for each dwelling in the Township in which all or a part of the premises is rented and/or leased.

(Ord. 87-4. Passed 7-20-87.)

1446.08 CERTIFICATE REVOCATION.

A certificate shall be revoked for any violation of an ordinance of the Township or a law of the Commonwealth pertaining to building, plumbing, electrical, zoning, health, safety, fire, fire prevention and minimum housing standards, as well as rules and regulations pertaining thereto.

(Ord. 87-4. Passed 7-20-87.)

1446.09 DENIAL OF CERTIFICATE OF OCCUPANCY BECAUSE OF DELINQUENT OR UNPAID TAXES, CHARGES OR OTHER FEES; ISSUANCE OF TEMPORARY CERTIFICATE OF OCCUPANCY.

(a) No certificate of occupancy shall be issued for any dwelling, which includes any building, apartment house, condominium, multiple occupancy building, structure or place in which it is intended or likely that people will dwell or habitate, if, at the time of application, there are any outstanding or delinquent unpaid taxes and other Municipal charges, including, but not limited to, real estate taxes, Municipal claims, Municipal liens or delinquent sewer rentals and refuse collection fees.

(b) A temporary certificate of occupancy, valid for twenty days, may be issued, provided that a reputable escrow agent, title company, bank, attorney, savings and loan or other qualified person, corporation or other entity guarantees that said delinquent taxes, Municipal claims, Municipal liens, delinquent sewer rentals or delinquent refuse disposal fees will be paid within that time. If said accounts are paid, then the temporary certificate of occupancy will automatically convert to a certificate of occupancy. If payment is not made within said twenty-day period, the temporary certificate of occupancy will be void.

(Ord. 00-3. Passed 5-15-00.)

1446.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


Chapter 1448 - Registration of Contractors

1448.01 Administration and enforcement.

1448.02 Registration and identification card required.

1448.03 Form of registration and identification card application.

1448.04 Registration fee.

1448.05 Duty of Township re registration issuance.

1448.06 Insurance required.

1448.07 Registration issuance or denial.

1448.08 Registration expiration.

1448.09 Registration refusal, suspension or revocation.

1448.10 Identification card to be displayed upon request.

1448.11 Notification of changes.

1448.99 Penalty.

    CROSS REFERENCES

    Contracts generally - see 1st Class §§ 1801 et seq.

    Plumbing Code - see B. & H. Ch. 1424

    Building contractors subject to Workers' Compensation Act - see B. & H. 1442.12

    Electrical work - see B. & H. 1462.08

1448.01 ADMINISTRATION AND ENFORCEMENT.

(a) The Township's officers designated to issue, refuse, suspend or revoke any registration of contractors shall include the Township Secretary, the Township Building Inspector, the Township Plumbing Inspector and a Commissioner of the Township, either severally or jointly. The application shall be initially filed with the Township Secretary at the Township Building, 1410 Market Street, Linwood, Pennsylvania 19061.

(b) It is the duty of the officers designated by the Board of Commissioners to administer and provide for the enforcement of all the provisions of this chapter and specifically to issue registrations to all applicants who shall be duly qualified under and who comply with the provisions of this chapter, and to refuse registration to or suspend or revoke registration issued to persons who do not so qualify or so comply. The Township's officers are authorized to issue registration upon a proper application, upon the furnishing of a certificate of insurance as required by this chapter and upon payment of the license fee.

(Ord. 91-2. Passed 3-11-91.)

1448.02 REGISTRATION AND IDENTIFICATION CARD REQUIRED.

All persons, partnerships, corporations or other business entities (hereinafter referred to as a "contractor," whether a prime contractor, subcontractor or individual) performing any of the following work in the Township of Lower Chichester shall apply for and obtain a registration and an identification card before performing work in the Township of Lower Chichester. This shall include construction, repairs, remodeling, rehabilitation or demolition and acting as general contractors, mechanical contractors, electrical contractors, fire prevention contractors, specialty contractors, home improvement contractors or subcontractors, roofing contractors, painting contractors, paperhanging contractors or tree surgeons.

No contractor shall begin any work in the Township of Lower Chichester until the said application is submitted and approved and a proper fee paid.

(Ord. 91-2. Passed 3-11-91.)

1448.03 FORM OF REGISTRATION AND IDENTIFICATION CARD APPLICATION.

(a) The form of the application shall be determined by the Board of Commissioners by resolution from time to time. The applicant shall, among other things, state the name and location of its principal office, the location of the job site in Lower Chichester Township, the type of construction work performed by the applicant, the number of employees of the applicant to be engaged in the performance of the work, the date on which the work is scheduled to begin and the date on which it is scheduled to be completed, the name of the foreman or person in charge of the applicant's project in Lower Chichester Township and a telephone number where the applicant or one of its designated officials can be reached.

(b) The Board of Commissioners, by motion or resolution, shall determine the form of the card to be issued to approved applicants.

(Ord. 91-2. Passed 3-11-91.)

(c) Effective June 24, 1991, the following form is hereby authorized to be used for applicants for registration of contractors doing business in the Township:

TOWNSHIP OF LOWER CHICHESTER

CONTRACTOR REGISTRATION PERMITS

Name of Contractor:

Name of Designated Official of Contractor:

Address:

Telephone No.:

Telephone No. in Case of Emergency:

Job Site in Lower Chichester:

Type of Work to be Performed:

Date Work to Begin:

Date Work to End:

Name of Foreman:

Number of Employees on Job:

Federal Tax Identification No.:

Pennsylvania Sales and Use Tax No.:

Name and Address of Insurance Company:

AND ATTACH HERETO A COPY OF INSURANCE POLICY OR CERTIFICATE OF INSURANCE.

Date:

Applicant's Signature

Approved:

Date:

Township of Lower Chichester

Township Use:

Fee Paid $

THIS PERMIT WILL EXPIRE ON DECEMBER 31ST OF THE YEAR ISSUED.

(Res. 91-5. Passed 6-24-91.)

1448.04 REGISTRATION FEE.

The application fee shall be as fixed by resolution of the Board of Commissioners from time to time.

(Ord. 91-2. Passed 3-11-91.)

1448.05 DUTY OF TOWNSHIP RE REGISTRATION ISSUANCE.

Prior to issuance of a registration, the Township's officers shall:

(a) Properly establish the identity of the applicant and obtain a tax identification number and a Pennsylvania Sales and Use Tax number and see that the application is fully completed.

(b) Be satisfied that, by virtue of education and experience, the applicant is qualified to perform the work listed on the application.

(c) Determine the reputation of the applicant for performing the work the applicant proposes. In case of question, the applicant shall give at least three recent jobs of like nature so the Township's officers can make an objective determination.

(Ord. 91-2. Passed 3-11-91.)

1448.06 INSURANCE REQUIRED.

A certificate of insurance shall be filed with the Township prior to the issuance of a registration acceptable to the Township's officers. These certificates shall contain a provision that the coverages afforded under the policy will not be canceled until at least fifteen days prior to written notice having been given the Township.

(Ord. 91-2. Passed 3-11-91.)

1448.07 REGISTRATION ISSUANCE OR DENIAL.

When an application has been filed with the Township's officers, in proper form, they must, within a period of thirty days from the date following the date of the application, issue or refuse the appropriate contractor's registration to the applicant. If an application for a registration is refused, the applicant shall be sent a written statement setting forth the reason for the refusal to grant the registration.

(Ord. 91-2. Passed 3-11-91.)

1448.08 REGISTRATION EXPIRATION.

Registration of all contractors shall expire on December 31 following the date of issue, unless, prior thereto, the registration is revoked or suspended. Upon payment of the annual registration fee, as prescribed by resolution of the Board, prior to the expiration date, a registration shall be renewed for another year, and the authority to do business shall continue in effect until such time within the year as it is revoked or suspended.

(Ord. 91-2. Passed 3-11-91.)

1448.09 REGISTRATION REFUSAL, SUSPENSION OR REVOCATION.

(a) The Township's officers shall have the power to refuse, suspend or revoke any registration issued under the provisions of this chapter where the Township's officers find that the registrant has violated any provision of this chapter is performing or attempting to perform any act prohibited by this chapter, or has violated any other provision of this Building and Housing Code or any other ordinance of the Township.

(b) A violation of any condition of a permit shall be cause for suspension or revocation of this registration.

(Ord. 91-2. Passed 3-11-91.)

1448.10 IDENTIFICATION CARD TO BE DISPLAYED UPON REQUEST.

The identification card will be displayed by the workers included within the terms of this chapter, upon request by a proper official of the Township.

(Ord. 91-2. Passed 3-11-91.)

1448.11 NOTIFICATION OF CHANGES.

Every contractor registered under this chapter shall, within ten days after a change in control of ownership or management, or a change of address or trade name, notify the Township's officers in writing of such changes.

(Ord. 91-2. Passed 3-11-91.)

1448.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


Title Six - Miscellaneous Building Regulations

CHAPTER 1460 - Chimneys, Flues, Fireplaces and Registers

1460.01 Construction of chimneys.

1460.02 Construction of fireplace hearths.

1460.03 Furnace flues.

1460.04 Ranges and stoves.

1460.05 Hot air registers.

1460.99 Penalty.

    CROSS REFERENCES

    BOCA National Building Code - see B. & H. Ch. 1420

    International Mechanical Code - see B. & H. Ch. 1426

    Smoke detector systems - see B. & H. Ch. 1472

1460.01 CONSTRUCTION OF CHIMNEYS.

All chimneys in every building hereafter erected, and all chimneys hereafter altered or rebuilt, shall be constructed of brick, stone or other noncombustible material and shall be lined their entire height with vitrified tile flue lining. If of brick, the walls of chimneys outside of the flue lining shall be at least four inches thick, and, if of stone, at least eight inches thick. In all cases when a chimney is built against a party wall, the full thickness of the party wall must be in back of the chimney. All joists and framing timbers must be kept at least two inches away from all outside chimney walls.

(Ord. 288. Passed 5-24-54.)

1460.02 CONSTRUCTION OF FIREPLACE HEARTHS.

All hearths for fireplaces must be built of brick, stone or pebble cement, concrete or other noncombustible material at least four inches in thickness, and the hearths shall not be supported on wood or other combustible material. However, brick trimmer arch may be turned against a wood header, provided the header is eighteen inches away from the front wall of the fireplace, and provided, further, that the header is doubled or tripled as required and properly hung to the framing timbers. No wood may be used under any hearth as a support for the ceiling underneath.

(Ord. 288. Passed 5-24-54.)

1460.03 FURNACE FLUES.

All furnace smoke flues must be kept away from the woodwork at least twelve inches, unless the said woodwork over smoke flues is protected with fireproof materials for a width of two feet greater than the outside diameter of the smoke flue, in which case the smoke flue may be within four inches of the said fireproof protection.

(Ord. 288. Passed 5-24-54.)

1460.04 RANGES AND STOVES.

(a) Portable or built-in coal ranges shall have hearths of brick, slate or cement-concrete at least four inches in thickness. Said hearths must extend at least twelve inches beyond the front of the range and six inches on each side thereof. No range or heating apparatus of any description other than gas or electric ranges shall be set within one foot of a wood-lath partition or stripped wall, unless the said wall is protected with one inch of slate, tile or other noncombustible material.

(b) All stove pipes shall be protected as hereinafter set forth for hot-air pipes, and in each case shall be led directly into a chimney flue and at no time allowed to protrude through a wooden partition, weather boarding or roof. Any such stove pipe, when passed through a masonry partition wall, shall be encircled by an approved tile collar. All stove pipes let outside the building through masonry wall must be terminated at a point not less than two feet above the adjacent roof, and the clearance from the outside faces of such masonry wall shall be such as to leave a space of not less than two inches between the edges of any roof or other timber construction. The erection of any new chimney or stove pipe contrary to the provisions of this chapter, or the maintenance of any old chimney or stove pipe in a dilapidated or dangerous condition, shall be deemed and held to be a public nuisance, and the owner, occupant, agent or builder shall be liable for the penalties provided for in this chapter or such other action against him or her as the Township Commissioners may deem proper.

(Ord. 288. Passed 5-24-54.)

1460.05 HOT AIR REGISTERS.

(a) All hot-air registers set in the floor of any building shall be set in a border on noncombustible material, and all floors or register boxes shall be made of sheet metal with a flange on top to fit the groove in the border. The register shall rest upon the same, and there shall also be an open space of two inches on all sides of the register box, extending from the underside of the ceiling to the border of the floor. The outside of the space shall be covered with a casing of metal and made tight on all sides.

(b) All hot-air pipes in partition walls shall be covered with asbestos material and shall have an air space of at least one inch between the pipe and the woodwork. Plaster enclosing hot-air ducts shall be upon metal lath or other approved noncombustible materials.

(Ord. 288. Passed 5-24-54.)

1460.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1462 - Construction Standards, Materials and Specifications

1462.01 Classification of buildings.

1462.02 Private garages.

1462.03 Separation of semi-detached and multiple houses.

1462.04 Mixed occupancies.

1462.05 Information required re use and occupancy.

1462.06 Joists, girders, piers and posts.

1462.07 Roofing materials, lath and plaster.

1462.08 Electrical work.

1462.09 Street obstructions.

1462.10 Insurance required.

1462.11 Barricades and warning lights.

1462.12 Repairs, alterations and enlargements.

1462.99 Penalty.

    CROSS REFERENCES

    BOCA National Building Code - see B. & H. Ch. 1420

    National Electrical Code - see B. & H. Ch. 1422

    Construction in flood hazard areas - see B. & H. 1466.24

    Construction of vacant structures - see B. & H. 1480.02

    Construction of walls - see B. & H. 1482.04

1462.01 CLASSIFICATION OF BUILDINGS.

(a) For the purpose of this Building and Housing Code, all buildings shall be divided into three classes according to construction as follows:

  (1) Buildings of the first-class shall include all buildings which are fireproof and in which the walls, floors, columns, girders, beams, partitions and roofs are of stone, brick, concrete block or terra cotta tile, plain or reinforced concrete, iron, steel or such other fireproof materials as shall be approved by the Building Inspector.

  (2) Buildings of the second-class shall include all buildings the exterior walls of which are as required for first-class buildings, but which in their interior construction are not in accordance with the requirements as hereinbefore set forth for buildings of the first class, in which girders, beams, floors and roof may be of wood construction, but the roof is covered with a noncombustible or fire resistent material.

  (3) Buildings of the third-class shall include all buildings other than those of the character specified for first and second-class construction.

(b) The following kinds of buildings must be of first-class construction:

  (1) Public or private schools having a student body of twenty-five or more and/or subject to the regulations of the State Board of Education and related agencies.

  (2) Amusement houses, theatres, moving picture houses and telephone exchanges.

(c) The following kinds of buildings must be not less than second-class construction:

  (1) Public buildings and fire houses.

  (2) Business buildings and service stations not over two stories in height.

  (3) Apartment houses three stories or less in height.

(d) The following kinds of buildings may be third-class construction:

  (1) Dwellings.

  (2) Private garages.

(Ord. 288. Passed 5-24-54.)

1462.02 PRIVATE GARAGES.

A private garage in the basement or cellar of a private dwelling, attached or a part thereof, shall be constructed as follows: the said garage shall be entirely enclosed by walls of stone, brick, concrete hollow-tile or other equally fireproof materials, and there shall be no interior openings into said garage unless such opening is provided with the type of floor approved by the American Insurance Association, and the ceiling of the garage shall be of wire or metal lath and cement plaster or other approved fire-resistent materials.

(Ord. 288. Passed 5-24-54.)

1462.03 SEPARATION OF SEMI-DETACHED AND MULTIPLE HOUSES.

All semi-detached and multiple houses are to be separated by a fireproof party wall of stone, brick, concrete or other approved fireproof construction.

(Ord. 288. Passed 5-24-54.)

1462.04 MIXED OCCUPANCIES.

In cases of mixed occupancy, where different parts of a building are used for different purposes, the provisions of this chapter shall apply to each part as if it were a separate building.

(Ord. 288. Passed 5-24-54.)

1462.05 INFORMATION REQUIRED RE USE AND OCCUPANCY.

The Building Inspector under a permit application may require an affidavit from the owner or owners of any building or structure to be used or occupied as living quarters, or for other uses, setting forth the definite facts as to the proposed use or occupancy, stating the number of families or persons to be housed in such building or the uses to which the building or structure is intended, and such other information as may be necessary to insure use or occupancy, with safety to the occupants and/or to the general public.

(Ord. 288. Passed 5-24-54.)

1462.06 JOISTS, GIRDERS, PIERS AND POSTS.

(a) The minimum thickness of any wooden floor joists or roof rafters shall be standard two inches, provided such joists or roof rafters are not more than standard twelve inches in depth. All joists shall be crossbridged for each eight feet of span. Such floor joists shall be spaced not more than sixteen inches on centers. The minimum size of studs for bearing partitions in joist construction shall be standard two inches by four inches spaced not more than sixteen inches on centers, doubled around all openings and tripled at corners. Trimmer and header joists, except where supported by partitions, are to be doubled when the number of tail joists is more than two. Joists under partitions running the same way shall be doubled. Stair horses shall be spaced not less than eighteen inches between centers. For single, semi-detached or multiple-family dwellings, the following table in inches shall be the minimum size floor joist allowable.

 

12 ft. or Under

14 ft. or Under

16 ft. or Under or under

20. ft. or Under or under

1st

3x8 or 2x10

3x10

3x10 or 3x8

3x10 or 3x8

2nd

3x8

2x10

2x10 or 3x8

2x10 or 3x8

3rd

2x8

2x8

2x10 or 3x8

2x10 or 3x8

Porch

2x8

2x8

2x8

2x8

(b) All buildings over twenty feet in width shall have the floor joist carried upon a wood, iron or steel girder placed on stone or brick piers or cast iron or steel posts. If a pier of stone is used it shall not be less than twenty-four inches square, and if of brick, it shall be not less than thirteen inches square. If posts of iron or steel are used, they shall be of standard structural shapes and shall be not less than four inches in diameter on the smallest axis. All shall be placed upon footings to be approved by the Building Inspector, and all iron and steel posts shall have standard plates at the top and bottom.

(c) Spans of wooden girders shall be limited to twelve feet between centers of bearings.

(d) The ends of joists or rafters shall not penetrate a fire-wall or party wall a greater distance than three inches, and in no case shall such penetration be of such distance as will place any joists or rafters on opposite sides of the same wall within two inches of each other. Such allowable space shall be well bonded and sealed with masonry or other fire-resisting materials.

(e) In all buildings of the third-class, subsills shall be not less than four inches by six inches, and if a raising sill is used, it shall be not less than two-two inches by four inches.

(Ord. 288. Passed 5-24-54.)

1462.07 ROOFING MATERIALS, LATH AND PLASTER.

(a) Wooden roof rafters shall not be less than standard two inches in thickness and shall be framed around each chimney with a clearance of not less than two inches between the chimney and framing. They shall be not more than eighteen inches on centers and of the following size for pitched roofs:

Span

Size in inches

12 ft. or less

2 x 6

12 ft. to 20 ft.

2 x 6

Over 20 ft.

2 x 8

(b) All flat-roof rafters over six feet span shall be not less than two inches by six inches and spaced not more than sixteen inches on centers. All bearers or ribbon boards shall be not less than one inch by six inches.

(c) The ends of all wooden floor joists and beams, which rest on stone, cement-concrete or concrete block walls in all buildings other than dwellings, shall be cut to a bevel of three-quarters of an inch for each three inches in depth, but need not exceed a total of three inches.

(d) Where wood studding is used around stairways in multiple dwellings, public buildings and educational buildings, plastering shall be applied on metal lath affixed to both sides of such studding.

Exception: In two-story buildings containing a store on the first floor and one or two apartments on the second floor, the ceiling of the store may be of wood joists with metal lath and plaster ceiling or other fire resistant material. Wood studding may be used in partitions of the first story of these buildings, but metal lath or other fire-resistant material must be used on both sides of the same. The soffits of stairs leading to the apartments above the store shall be likewise covered. Wood furring may be used on walls of the first story if covered with a fire-resistant material. All attic spaces and all ventilating spaces under flat roofs must be provided with an opening suitable for entrance for inspection or repair purposes.

(e) Where wood lath is used, it must be spaced not less than one-half inch apart on the outside and not less than three-eighths of an inch on the inside, lathing to be broken every ten laths, with four-penny galvanized nails to be used on the outside and three-penny fine nails on the inside, and all outside corners to be reinforced with galvanized wire. All stucco covered structures shall be sheathed and lined with an approved building paper and counter lathed on not over sixteen-inch centers.

(f) Expanded metal lath for stud walls shall weigh not less than 2.5 pounds per square yard, and for ceilings shall weigh not less than 3.4 pounds per square yard. Flat ribbed metal lath shall weigh not less than 2.75 pounds per square yard, and for exterior stucco, expanded metal lath shall weigh not less than 3.4 pounds per square yard. All expanded metal lath used as a base for interior plaster shall be either painted or galvanized.

(g) Woven galvanized wire lath shall be number nineteen gauge wire with a weight of not less than 3.2 pounds per square yard.

(h) Paper backed galvanized wire lath shall have a maximum wire spacing of two inches between centers, for interior plastering shall weigh not less than 2.3 pounds per square yard and for exterior stucco shall weigh no less than 3.1 pounds per square yard. All metal lath used as base for exterior stucco shall be cut from zinc-coated sheet metal or fabricated from zinc-coated wire.

(i) All external angle corners for interior plaster work shall have galvanized iron corner beads, and all intersections of walls at corners and at ceilings shall be lathed with metal lath corner strips not less than three inches on each surface.

(j) When metal lath is used as a base for stucco, the lath shall be held at least three-eighths of an inch away from the sheathing by use of furring nails, wood furring strips or self-furring lath.

(k) When metal lath, except paper backed metal lath, is applied to solid wood surfaces such as wood beams, lintels, girders, siding, etc., the surface shall be covered with water-proofed paper before the metal lath is applied. Furring nails or strips shall be provided for fastening on metal lath.

(l) All interior plaster when applied to a lath base shall be three-coated work and shall have a minimum thickness of one-half inch over the lath base. The scratch or first coat may be omitted when plaster is applied directly to masonry or rock lath or similar material. Plaster shall be mixed and applied exactly according to manufacturer's directions. Lump lime, when used for plastering, shall be thoroughly slacked. The lime puddy shall then be screened and allowed to stand in a metal tank or other suitable receptable, at least a week before being used. If hydrated lime or patent plasters are used, they shall be mixed and applied according to manufacturer's directions.

(m) Stucco shall have a base of Portland cement or other approved material, and the metal lath shall be entirely embedded in the stucco. First and second coats shall be composed of one part Portland cement, three parts sand, and hydrated lime equal to ten percent of the cement. The first coat shall be applied to a minimum thickness and scratched, kept damp for at least three days and then allowed to dry. After the scratch coat is dry, the surface shall be moistened thoroughly and evenly and immediately receive the second coat to at least one-half inch thickness and straight and true in every direction. This second coat shall be kept damp for at least three days and then allowed to dry thoroughly. A third coat shall be applied and treated in a like manner. No exterior stucco work shall be applied to wood lath, and at no time will exterior stucco work be allowed to proceed when the temperature is less than forty degrees F.

(n) All roof covers of tile, slate, asbestos cement, or asphalt shingles shall be installed according to the manufacturer's directions, and roof sheathing shall be covered with saturated asphalt roofing felt of the following weights:

  (1) Not less than thirty-pound felt under tile asbestos-cement shingle or slate roofs.

  (2) Not less than thirty-pound felt under asphalt shingles where less than double thickness occurs at any point.

  (3) Not less than fifteen-pound felt under asphalt shingles where double thickness is obtained at all points.

  (4) No felt will be required where triple thickness asphalt shingles are obtained at all points, nor under wood shingles.

(o) The minimum pitch for asphalt shingle roof shall be five inches in twelve inches. A double starting row shall be attached on shingle installations.

(p) When slate is installed, exposure shall not exceed the following:

Fourteen-inch slate not over five and one-half inches to the weather

Sixteen-inch slate not over six and one-half inches to the weather

Eighteen-inch slate not over seven and one-half inches to the weather

(q) All other type shingles and tile shall be applied with exposures as recommended by the manufacturers.

(r) Asphalt or coal-tar pitch and gravel covering for flat roofs shall be at least four-ply, applied according to manufacturer's directions.

(s) Wood shingles shall be edge-grain tapered shingles, minimum thickness, five butts in two inches, and a double starting row used on all installations. Wood shingles exposure to the weather shall not exceed the following:

Maximum Wood-Shingle Exposures

Roof shingle exposure (in inches)

Side wall shingle exposures (in inches)

Roof shingle exposure (in inches)

Pitch of roof

Shingle length (in inches)

Thickness of courses

Shingle length (in inches)

Rise

Run

16

18

24

16

18

24

4 to 7

12

33/4

53/4

Single

7%

8%

11

7 to 18

12

5

7

Double

12

14

16

(t) Wood shingles on roofs with pitch of less than five inches to twelve inches shall be used on open porches only.

(u) All built-in flashing and counter-flashing overhead of openings, around chimneys, at intersections of roofs and walls, valleys, hips, ridges, and at horizontal and vertical intersections of stucco with other material, shall be of corrosion-resisting metal. All such metal other than copper, lead and zinc shall be painted on both sides before installation. For valleys in connection with asphalt shingle roofs, two thicknesses of mineral surface roll-roofing material cut from rolls weighing not less than eighty-five pounds per square may be used, provided such strips are not less than eighteen inches in width.

(Ord. 288. Passed 5-24-54.)

1462.08 ELECTRICAL WORK.

No electrical wiring for a new building or alterations to the electrical wiring in an old building shall be done unless it conforms to the requirements of the National Electrical Code.

1462.09 STREET OBSTRUCTIONS.

No materials are to be placed on a street or highway at a greater distance than prescribed by the Building Inspector out from the adjacent curb line, and in no case is the entire roadway to be diminished to such an extent as to prevent the full and unobstructed passage of traffic between the piles of materials and the opposite curb line. An unobstructed gutter sixteen inches wide must be maintained at all times at the curb line adjacent to the property under improvement.

(Ord. 288. Passed 5-24-54.)

1462.10 INSURANCE REQUIRED.

Where buildings or structures are built, added to or altered at the building line of any adjacent street or highway, the builder or owner shall protect pedestrians along the footway from the possibility of injury in such manner as the Building Inspector may prescribe and direct. Where permission is obtained from the Building Inspector to use the sidewalk or a portion thereof or a portion of the roadway adjoining any building under construction, the owner or contractor shall furnish a public liability and property damage policy, approved by the Solicitor for the Township, in the amount of twenty thousand dollars ($20,000) for one person, to protect the Township of Lower Chichester before any such permit shall be issued to him or her.

(Ord. 288. Passed 5-24-54.)

1462.11 BARRICADES AND WARNING LIGHTS.

From sunset to sunrise, there shall be displayed sufficient torches or red lights, and at all other times other sufficient safeguards or danger signals on all materials, to warn pedestrians or vehicular traffic of the danger. Subject to other provisions of this chapter, the footway passing the property under improvement shall at all times be kept open for the unobstructed use of pedestrians. Violation of any provision of this chapter shall be sufficient cause to revoke the street occupancy permit.

(Ord. 288. Passed 5-24-54.)

1462.12 REPAIRS, ALTERATIONS AND ENLARGEMENTS.

(a) No building, which is hereafter partially destroyed by fire or other causes to such an extent that it is necessary to replace at least fifty per cent of the building, shall be repaired or altered unless the work is done in strict accordance with this chapter.

(b) In case of a building damaged by fire, it shall be necessary for the Building Inspector to make an examination of the same before issuing a permit.

(c) No existing shingle or other wood covered roof may be altered or enlarged if it is on a building that by the requirements of this chapter would come under the classification of a first, second or third class building. If necessary repairs to such roofs exceed the fifty percent of the area of the roof, a new roof conforming to the requirements of this chapter shall be put on.

(Ord. 288. Passed 5-24-54.)

1462.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


Chapter 1464 - Fire Hydrants

1464.01 Standardization of hydrants.

    CROSS REFERENCES

    Fire district - see ADM. 246.02

    Fire Committee - see ADM. 246.06

    Water generally - see S.U. & P.S. Ch. 1040

    BOCA National Fire Prevention Code - see F.P. Ch. 1610

    Fires - see F.P. 1610.05(BOCA F-403.9)

1464.01 STANDARDIZATION OF HYDRANTS.

In order to standardize all fire hydrants in the Municipality and adjoining municipalities, the Chester Water Authority is hereby authorized to install the National Standard Thread on the nozzles of all fire hydrants located in Lower Chichester Township.

(Ord. 88-1. Passed 6-27-88.)


CHAPTER 1466 - Flood Damage Prevention

1466.01 Definitions.

1466.02 Statement of intent.

1466.03 Interpretation; conflicts.

1466.04 Separability.

1466.05 Municipal liability.

1466.06 Building permit required; exemption for minor repairs.

1466.07 Building permit applications.

1466.08 Review of application and plans by County Conservation District.

1466.09 Review of application and plans by others.

1466.10 Other permit issuance requirements.

1466.11 Issuance of building permits.

1466.12 Changes.

1466.13 Placards.

1466.14 Start and completion of construction.

1466.15 Inspections; revocation of building permits.

1466.16 Fees.

1466.17 Enforcement.

1466.18 Appeals.

1466.19 Identification of flood-prone areas.

1466.20 Description of flood-prone areas.

1466.21 Changes in designation of areas.

1466.22 Boundary disputes.

1466.23 General and special requirements.

1466.24 Design and construction standards.

1466.25 Special requirements for manufactured homes.

1466.26 Identification of Act 166 regulated activities.

1466.27 Flood-prone area restrictions.

1466.28 Elevation and floodproofing.

1466.29 Existing structures in identified flood-prone areas.

1466.30 Variances.

1466.31 Violations.

1466.99 Penalty; equitable remedies.

    CROSS REFERENCES

    Widening and deepening watercourses - see 1st Class § 1502-LV

    Interference with watercourses - see 1st Class § 2067

    Sewers and drains - see 1st Class §§ 2401 et seq.

    Building permits, certificates and fees - see B. & H. Ch. 1442

1466.01 DEFINITIONS.

(a) In General. Unless specifically defined below, words and terms used in this chapter shall be interpreted so as to give the word or term its most reasonable application.

(b) Specific Definitions. As used in this chapter, the following words and terms shall have the meanings respectively ascribed to them:

  (1) Accessory use or structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

  (2) Basement - any area of the building having its floor below ground level on all sides.

  (3) Building - a combination of materials to form a permanent structure having walls and a roof Included shall be all manufactured homes and trailers to be used for human habitation.

  (4) Completely dry space - a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

  (5) Construction - the construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.

  (6) Development - any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the subdivision of land, the placement of manufactured homes, streets and other paving, utilities, and filling, grading, excavation, mining, dredging or drilling operations.

  (7) Essentially dry space - a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

  (8) Flood - a temporary inundation of normally dry land areas.

  (9) Flood-prone area - a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source. It includes any areas inundated by the 100-year flood. It includes areas identified as Floodway (FW), Flood Fringe (FF), Special Flood Plain (FE) and General Flood Plain (FA).

  (10) Floodproofing - means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

  (11) Floodway - the designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

  (12) Historic structure - any structure that is:

   A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

   B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

   C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

   D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

    1. By an approved state program as determined by the Secretary of the Interior or

    2. Directly by the Secretary of the Interior in states without approved programs.

  (13) Land development -

   A. The improvements of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving:

    1. A group of two or more buildings; or

    2. The division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; and/or

   B. A subdivision of land.

  (14) Lowest Floor - the lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for the parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this Chapter.

  (15) Manufactured home - a transportable, single-family dwelling intended for a permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. The term includes manufactured homes when used in this chapter.

  (16) Manufactured home park - a parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use. The term includes manufactured home park when used in this chapter.

  (17) Minor repair - the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements, nor shall minor repairs include addition to, alteration of, replacement of, or relocation of, any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

  (18) New construction - structures for which the start of construction commenced on or after September 22, 1978 and includes any subsequent improvements thereto.

  (19) Obstruction - any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into, any channel, watercourse or flood-prone area, which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or which is placed where the flow of the water might carry the same down stream to the damage of like and property.

  (20) One hundred (100)-year flood - a flood that, on the average, is likely to occur once every 100 years (i.e. that has one percent chance of occurring each year, although the flood may occur in any year).

  (21) Person - any individual, partnership, business or corporation.

  (22) Recreational vehicle - a vehicle which is (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

  (23) Regulatory flood elevation - the 100-year flood elevation plus a freeboard safety factor of one and one-half feet.

  (24) Special permit - a special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions, and substantial improvements to such existing parks, when such development is located in a floodplain or in a designated portion of a floodplain.

  (25) Structure - anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.

  (26) Subdivision - the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, transfer of ownership, or building, or lot development, provided, however, that the division of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access, shall be exempted.

  (27) Substantial damage - damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent or more of the market value of the structure before the damage occurred.

  (28) Substantial improvement - any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

   A. Before the improvement or repair is started; or

   B. If the structure has been damaged, and is being restored, before the damage occurred.

(Ord. 79-6. Passed 8-20-79; Ord. 92-16. Passed 9-21-92; Ord. 92-17. Passed 12-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.02 STATEMENT OF INTENT.

The intent of this chapter is to:

(a) Promote the general health, welfare and safety of the community;

(b) Encourage the utilization of appropriate construction practices to minimize flood damage in the future;

(c) Minimize danger to public health by protecting water supply and natural drainage;

(d) Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.

(Ord. 79-6. Passed 8-20-79.)

(e) Comply with Federal and State flood plain management requirements. (Ord. 92-16. Passed 9-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.03 INTERPRETATION; CONFLICTS.

(a) This chapter supersedes any provisions currently in effect in flood-prone areas, however, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive.

(Ord. 79-6. Passed 8-20-79.)

(b) If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.

(Ord. 92-16. Passed 9-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.04 SEPARABILITY.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which portions shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be separable.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.05 MUNICIPAL LIABILITY.

(a) The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes in the identified flood-prone area(s). Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified flood-prone area, or that land uses permitted within such areas, will be free from flooding or flood damage.

(b) This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.06 BUILDING PERMIT REQUIRED; EXEMPTION FOR MINOR REPAIRS.

(a) No person shall undertake, or cause to be undertaken, any construction or development anywhere within the Township unless an approved building permit therefore has been obtained from the appropriate Township Official.

(b) A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.07 BUILDING PERMIT APPLICATIONS.

(a) An application for a building permit shall be made, in writing, to the appropriate Township Official on forms supplied by the Township. Such an application shall contain at least the following:

  (1) The name and address of the applicant.

  (2) The name and address of the owner of land on which the proposed construction is to occur.

  (3) The name and address of the contractor.

  (4) The site location.

  (5) The proposed lowest floor and basement elevations in relation to mean sea level.

  (6) A brief description of the proposed work and the estimated cost.

  (7) A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

  (8) The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.

(b) If any proposed construction or development is located within, or adjacent to, any identified flood-prone area, applicants for building permits shall also provide the following specific information:

  (1) A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other flood-prone development or structures, and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to assure that:

   A. All such proposals are consistent with the need to minimize flood damage;

   B. All utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage; and

   C. Adequate drainage is provided so as to reduce exposure to flood hazards.

Such plan shall also include existing and proposed contours; information concerning 100-year flood elevations, and other applicable information, such as uplift forces, associated with the 100-year flood; the size of structures; the location and elevations of streets; water supply and sanitary sewage facilities; soil types; and floodproofing measures.

  (2) A document certified by a registered professional engineer or architect that the proposed construction has been adequately designed against flood damage and that the plans for the development of the site conform to the restrictions set forth in Sections 1466.23 et seq. Such document shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure.

(c) Applicants shall file the following minimum information plus any other pertinent information as may be required by the appropriate Township Official to make the above determination:

  (1) A completed Building Permit Application Form.

  (2) A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (100) feet or less, showing the following:

   A. North arrow, scale, and date;

   B. Topographic contour lines, if available;

   C. All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;

   D. The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;

   E. The location of all existing streets, drives, and other access ways; and

   F. The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.

(Ord. 79-6. Passed 8-20-79; Ord. 92-16. Passed 9-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.08 REVIEW OF APPLICATION AND PLANS BY COUNTY CONSERVATION DISTRICT.

A copy of all applications and plans for any proposed construction or development in any identified flood-prone area to be considered for approval shall be submitted by the appropriate Township Official to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the appropriate Township Official for possible incorporation into the proposed plan.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.09 REVIEW OF APPLICATION AND PLANS BY OTHERS.

A copy of all applications and plans for any proposed construction or development in any identified flood-prone area to be considered for approval may be submitted by the appropriate Township Official to any other appropriate agencies and or individuals (e.g. the Planning Commission, the Municipal Engineer, etc.) for review and comment.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.10 OTHER PERMIT ISSUANCE REQUIREMENTS.

(a) Prior to any proposed alteration or relocation of any stream or watercourse, etc., within the Municipality, a permit shall be obtained from the Department of Environmental Protection, as specified in the Water Obstruction Act of 1913, as amended. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development.

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or other drainage facility or system.

(b) Prior to the issuance of any building permit the appropriate Township Official shall review the application for the permit to determine if all other necessary governmental permits, such as those required by State and Federal laws, have been obtained, including those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. 1334. No permit shall be issued until this determination has been made.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.11 ISSUANCE OF BUILDING PERMITS.

(a) The appropriate Township Official shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformity with the requirements of this chapter and all other applicable codes and ordinances.

(b) No building permit shall be issued until all other required permits have been obtained from any other office or agency.(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.12 CHANGES.

After the issuance of a building permit by the appropriate Township Official, no change of any kind shall be made to the application, the permit, or any of the plans, specifications or other documents submitted with the application, without the written consent or approval of the appropriate Township Official.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.13 PLACARDS.

In addition to the building permit, the appropriate Township Official shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit and the date of its issuance and shall be signed by the appropriate Township Official.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.14 START AND COMPLETION OF CONSTRUCTION.

(a) Work on the proposed construction shall begin within six months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the appropriate Township Official. Construction shall be considered to have started with the first placement of permanent construction on the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or manufactured home to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for basements, footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.

(Ord. 79-6. Passed 8-20-79.)

(b) Construction shall be completed within twelve months unless an extension of time is granted, in writing, by the appropriate Township Official.

(Ord. 92-16. Passed 9-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.15 INSPECTIONS; REVOCATION OF BUILDING PERMITS.

During the construction period, the appropriate Township Official or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township laws. In the event of a determination of noncompliance, or if it is determined that there has been a false statement or misrepresentation by any applicant, the appropriate Township Official shall revoke the building permit and report such fact to the Board of Commissioners for whatever action it considers necessary.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.16 FEES.

(a) Applications for a building permit shall be accompanied by a fee, payable to the Township based upon the estimated cost of the proposed construction, as determined by the appropriate Township Official, as follows:

Estimated Cost

Fee

$ 0.00 to $ 200.00

$0.00

$201.00 to $1,000.00

5.00

Each additional $1,000.00 or part thereof beyond the first 1.00

$1,000.00

(Ord. 79-6. Passed 8-20-79.)

(b) Fees shall be subject to change from time to time by resolution and/or ordinance adopted by the Board of Commissioners.

(Ord. 92-16. Passed 9-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.17 ENFORCEMENT.

(a) Notices. Whenever the appropriate Township Official or other authorized Municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of the chapter, or of any regulation adopted pursuant hereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall be in writing; shall include a statement of the reasons for its issuance; shall allow a reasonable time for the performance of any act it requires; shall be served upon the property owner or his or her agent, as the case may require, provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served by any other method authorized or required by the laws of the Commonwealth; shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter or any part thereof, and with the regulations adopted pursuant thereto.

(b) Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Commissioners, provided that such person shall file with the Township Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefore. Within ten days after the notice was served, the filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Township Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed, provided that upon application of the petitioner the Township Secretary may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his or her judgment, the petitioner has submitted good and sufficient reasons for such postponement.

(c) Findings and Order. After such hearing, the Board of Commissioners shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying or withdrawing the notice, which shall be served as provided in subsection (a) hereof.

(d) Record of Hearing. The proceedings at such a hearing, including the finds and decision of the Board of Commissioners, together with a copy of every notice and order relating thereto, shall be entered as a matter of public record in the Township, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided in this chapter.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.18 APPEALS.

(a) Any person aggrieved by an action or decision of the appropriate Township Official, or by any of the requirements of this chapter, may appeal to the Board of Commissioners. Such appeal must be filed, in writing, within thirty days after the decision or action of the appropriate Township Official. Upon receipt of such appeal, the Board of Commissioners shall set a time and place, within not less than ten nor more than thirty days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard.

(b) Any person aggrieved by any decision of the Board of Commissioners may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.19 IDENTIFICATION OF FLOOD-PRONE AREAS.

The identified flood-prone area shall be any areas of the Township of Lower Chichester subject to the 100-year flood, which are identified as areas of special flood hazard (Zone A) on the Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) prepared for the Township by the Federal Emergency Management Agency (FEMA), effective November 18, 2009, or the most recent revision thereof as issued by the Federal Emergency Management Agency. Including all digital data developed as part of the Flood Insurance Study.

(Ord. 92-16. Passed 9-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.20 DESCRIPTION OF FLOOD-PRONE AREAS.

The identified flood-prone areas shall consist of the following specific areas:

(a) FW (Floodway Area) - the areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

For the purposes of this chapter, the floodway is based upon the criteria that a certain area within the floodplain would be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point.

(b) FF (Flood-Fringe Area") - the remaining portions of the 100-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated.

The basis for the outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.

(c) FA (General Floodplain Area) - the areas identified as Zone A in the FIS for which no 100-year flood elevations have been provided. When available, information from other Federal, State and other acceptable sources shall be used to determine the 100-year elevation, as well as a floodway area, if possible. When no other information is available, the 100-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.

In lieu of the above, the Municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or other of demonstrated qualifications, who shall certify that the technical methods that are employed correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township,

(Ord. 92-17. Passed 12-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.21 CHANGES IN DESIGNATION OF AREAS.

The delineation of any of the identified flood-prone areas may be revised by the Board of Commissioners where more detailed studies have been conducted or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA).(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.22 BOUNDARY DISPUTES.

Should a dispute concerning any district boundary arise, an initial determination shall be made by the Zoning Officer or Engineer, and any party aggrieved by such determination may appeal to the Board of Commissioners. The burden of proof shall be on the appellant.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.23 GENERAL AND SPECIAL REQUIREMENTS.

(a) No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.

In addition, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

(b) Any new construction, development, uses or activities allowed within any identified flood-prone area, shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.

(c) Within any FW (Floodway Area), the following provisions apply:

  (1) Any new construction, development, use activity or encroachment that would cause any increase in flood heights shall be prohibited.

  (2) No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterway management.

(Ord. 92-16. Passed 9-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.24 DESIGN AND CONSTRUCTION STANDARDS.

The following minimum standards shall apply for all construction proposed to be undertaken within any identified flood-prone area:

(a) Fill. If fill is used, it shall:

  (1) Extend laterally at least fifteen feet beyond the building line from all points;

  (2) Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.

  (3) Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling;

  (4) Be no steeper than one vertical to two horizontal, unless substantiated data, justifying steeper slopes, are submitted to and approved by the appropriate Township Official;

  (5) Be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the 2003 IBC (Sec. 1801.1 and 1803.4) shall be utilized.

(b) Placement of Buildings and Structures. All buildings and structures shall be designed, located and constructed so as to offer minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood waters.

(c) Anchoring.

  (1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

  (2) All air ducts, large pipes, storage tanks and other similar objects or components located at or below the regulatory flood elevation shall be firmly anchored or affixed to prevent flotation.

  (3) The design and construction requirements of the UCC pertaining to this subsection as referred to in 34 PA Code (Chapters 401-405 as amended) and contained in the 2003 IBC (Sees. 1605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Sees. R301.1 & R323.1.1) and ASCE 24-98 (Sec. 5.6) shall be utilized.

(d) Floors, Walls and Ceilings. Where located at or below the regulatory flood elevation:

  (1) Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.

  (2) Plywood shall be of a "marine" or water-resistant variety.

  (3) Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and that will withstand inundation.

  (4) Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

  (5) The provisions of the UCC pertaining to this subsection and referenced in the 34 PA Code (Chapters 401-405 as amended) and contained in the 2003 IBC (Sees. 801.1.3, 1403.2, 1403.4, 1403.6 and 1404.2), the 2003 IRC (Sees. R323.1.7 & R501.3) and ASCE 24-98 (Chapter 6).

(e) Electrical Systems and Components.

  (1) Electric water heaters, furnaces, air conditioning and ventilating systems, and other electrical equipment or apparatus, shall not be located below the regulatory flood elevation, and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.

  (2) Electrical distribution panels shall be at least three feet above the level of the 100-year flood elevation.

  (3) Separate electrical circuits shall serve lower levels and shall be dropped from above.

  (4) The provisions pertaining to the above provisions and referenced in the UCC and 34 PA Code (Chapters 401-405), as amended and contained in the 2003 IBC (Sec. 1612.4), the 2003 IRC (Sec. E323.1.5) and the 2000 IFGC (Sees. R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.

(f) Plumbing.

  (1) Water heaters, furnaces and other mechanical equipment or apparatus shall not be located below the regulatory flood elevation.

  (2) No part of any on-site sewage disposal system shall be located within any identified flood-prone area.

  (3) Water supply systems and sanitary sewerage systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters.

  (4) All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

(g) Paints and Adhesives. When used at or below regulatory flood elevation:

  (1) Paint or other finishes shall be of a "marine" or water-resistant quality.

  (2) Adhesives shall be of a "marine" or water-resistant quality.

  (3) All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or "water-resistant" paint or other finishing material.

  (4) The standards and specifications contained in 34 PA Code (Chapters 401-405, as amended) the 2003 IBC (Sees. 801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Sees. R323.1.7).

(h) Storage. No materials that are buoyant, flammable, explosive, or, in time of flooding, could be injurious to human, animal or plant life, shall be stored below the regulatory flood elevation.

(i) Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage at all points along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess run-off onto adjacent properties.

(Ord. 79-6. Passed 8-20-79.)

(j) Sanitary Sewer Facilities.

  (1) All new or replacement sanity sewer facilities shall be designed to minimize or eliminate flood damage and the infiltration of flood waters.

  (2) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.

  (3) No part of any on-site sewage system shall be located within any identified flood-prone area except in strict compliance with all State and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

  (4) The design and construction provisions of the UCC and 34 PA Code (Chapters 401-405 as amended) and contained in the 2003 IBC (Appendix G. Sees. 401.3 and 401.4), the 2003 IRC (Sec. 323.1.6), the ASCE 24-98 (Sec. 8.3), FEMA #348, Protecting Building Utilities From Flood Damages and The International Private Sewage Disposal Code (Chapter 3) shall be utilized.

(Ord. 92-16. Passed 9-21-92.)

(k) Water Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system and shall be located and constructed to minimize or eliminate flood damage.

  (1) Streets. The finished elevation of proposed new streets shall be not more than one foot below the regulatory flood elevation.

(m) Utilities. All utilities, such as gas lines and electrical and telephone systems, being placed in flood-prone areas, should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.25 SPECIAL REQUIREMENTS FOR MANUFACTURED HOMES.

(a) Within any FW (floodway area), manufactured homes shall be prohibited.

(b) Within any FA (general floodplain area) or FE (special floodplain area), manufactured homes shall be prohibited within the area of any watercourse.

(c) Where permitted within any floodplain area, all manufactured homes, and any additions thereto, shall be:

  (1) Placed on a permanent foundation.

  (2) Elevated so that the lowest floor of the manufactured home is one and one-half feet or more above the elevation of the 100-year flood.

  (3) Anchored to resist flotation, collapse or lateral movement.

  (4) Installation of manufactured homes shall be done in accordance with the manufactures' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2003 International Residential Building Code or the U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto shall apply and 34 PA Code Chapters 401-405.(5) Consideration shall be given to the installation requirements of the 2003 IBC (Appendix G, Sec. 501.1-3) and the 2003 IRC (Sec. R323.2, R323.3, R102.7.1, and Appendix AE 101, 604 and 605) or the most recent revisions thereto and 34 PA Code Chapters 401-405, as amended where appropriate and/or applicable to units where the manufacturer's standards for anchoring cannot be provided or were not established for the unit(s) proposed installation.

(Ord. 92-17. Passed 12-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.26 IDENTIFICATION OF ACT 166 REGULATED ACTIVITIES.

(a) In accordance with the administrative regulations promulgated by the Pennsylvania Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act (Act 166 of 1978), the following uses and activities have been identified as being dangerous to human life and/or as posing a special hazard in flood-prone areas:

  (1) Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, any of the following materials or substances on the premises or will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:

   A. Acetone

   B. Ammonia

   C. Benzene

   D. Calcium carbide

   E. Carbon disulfide

   F. Celluloid

   G. Chlorine

   H. Hydrochloric acid

   I. Hydrocyanic acid J. Magnesium

   K. Nitric acid and oxides of nitrogen

   L. Petroleum products (gasoline, fuel oil, etc.)

   M. Phosphorus

   N. Potassium

   O. Sodium

   P. Sulphur and sulphur products

   Q. Pesticides (including insecticides, fungicides and rodenticides)

   R. Radioactive substances, insofar as such substances are not otherwise regulated.

  (2) The construction, enlargement or expansion of any structure used, or intended to be used, for any of the following:

   A. Hospitals

   B. Nursing homes

   C. Jails or prisons

  (3) The commencement of, or any construction of, a new individual manufactured home, manufactured home park or manufactured home subdivision.

(Ord. 84-6. Passed 4-16-84.)

(b) Within any flood-prone area, including any floodway area (FW), any structure of the kind described in subsection (a) hereof shall be prohibited and no variance shall be granted.

(Ord. 92-16. Passed 9-21 -92; Ord. 2009-04. Passed 10-19-09.)

1466.27 FLOOD-PRONE AREA RESTRICTIONS.

Within any identified flood-prone area, designated as "Zone A" on the Flood Insurance Rate Map, the activities described in Section
1466.26 shall be prohibited and no variance shall be granted.

(Ord. 84-6. Passed 4-16-84; Ord. 2009-04. Passed 10-19-09.)

1466.28 ELEVATION AND FLOODPROOFING.

(a) Residential Structures. Within any identified flood-prone area, the lowest floor (including the basement) of any new residential structure, or any substantial improvement to an existing residential structure, shall be at least one and one-half feet above the 100-year flood elevation. Fully enclosed spaces below the lowest floor shall be prohibited. The design and construction standards and specifications contained in the 2003 IBC (Sec. 13124, 1603.1.6 and 3403.1) and in the 2003 IRC (Sec. R323.1.4, R323.2.1, and R323.2.2) and ASCE 24 (Sec. 2.4 and 2.5, Chap. 5) and the 34 PA Code (Chapters 401-405 as amended) shall be utilized.

(b) Nonresidential Structures.

  (1) Within any identified flood-prone area, the lowest floor (including the basement) of any new nonresidential structure, or any substantial improvement to an existing nonresidential structure, shall be at least one and one-half feet above the 100-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height. Fully enclosed spaces below the lowest floor shall be prohibited.

  (2) Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least one and one-half feet above the 100-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the Wl or W2 space classification standards contained in the publication entitled Flood-Proofing Regulations, published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.

  (3) The design and construction standards and specifications contained in the IBC (Sec. 1603.1.2, 1603.1.6, 1+05.2.2, 1606.5, 1612.5.1 and 3403.1) and ASCE 24 (Sees. 2.4 and Chap. 7) and 34 PA Code (Chapters 401-405 as amended) shall be utilized.

(c) Space Below Lowest Floor.

  (1) Fully enclosed space below the lowest floor (including basement) is prohibited.

  (2) Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces.

Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

   A. A minimum of two openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.

   B. The bottom of all openings shall be no higher than one (1) foot above grade.

   C. Openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(3) Consideration may be given to the requirements of 34 PA Code (Chapters 401 -405 as amended) and the 2003 IRC (Secs.R323.2.2 and R323.1.4) and the 2003 IBC (Secs.1612.4, 1612.5, 1202.3.2 and 1203.3.3).

(Ord. 92-16. Passed 9-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.29 EXISTING STRUCTURES IN IDENTIFIED FLOOD-PRONE AREAS.

Structures existing in any identified flood-prone area prior to the enactment of the chapter, but which are not in compliance with this chapter, may continue to remain subject to the following:

(a) Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than fifty percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible.

(b) Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of fifty percent or more of its market value, shall be undertaken only in full compliance with the provisions of the chapter.

(c) No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one hundred (100) year flood elevation.

Any modification, reconstruction, or improvement, or any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Chapter.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.30 VARIANCES.

(a) If compliance with the elevation or floodproofing requirements of the chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirement.

(b) Request for variances shall be considered by the Township in accordance with the procedures contained in Section 1466.18 and the following procedures:

  (1) If granted, a variance shall involve only the least modification necessary to provide relief

  (2) In granting any variance, the Township may attach whatever reasonable condition and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this chapter.

  (3) Whenever a variance is granted, the Township shall notify the applicant in writing that:

   A. The granting of a variance may result in increased premium rates for flood insurance.

   B. Such variances may increase the risks to life and property.

  (4) In review any request for a variance, the Township shall consider, but not be limited to, the following:

   A. That there is good and sufficient cause;

   B. That failure to grant the variance would result in exceptional hardship to the applicant;

   C. That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with any other applicable local or State law.

  (5) A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency.

(c) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.

(Ord. 79-6. Passed 8-20-79.)

(d) No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100-year flood elevation.

(Ord. 92-17. Passed 12-21-92; Ord. 2009-04. Passed 10-19-09.)

1466.31 VIOLATIONS.

No person shall fail to comply with any of the requirements or provisions of this chapter, or fail or refuse to comply with any notice, order or direction of the appropriate Township Official or any other authorized employee of the Township.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)

1466.99 PENALTY; EQUITABLE REMEDIES.

(EDITOR'S NOTE: See section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)

In addition to the penalties set forth in Section 202.99 of the Administration Code, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter, shall not excuse the violation or noncompliance or permit it to continue, and all persons in violation or noncompliance shall be required to correct or remedy the violation or noncompliance within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered or relocated contrary to the provisions of this chapter may be declared by the Board of Commissioners to be a public nuisance and abatable as such.

(Ord. 79-6. Passed 8-20-79; Ord. 2009-04. Passed 10-19-09.)


CHAPTER 1468 - Numbering of Buildings

1468.01 Numbering required.

1468.02 Placement and size of numbers.

1468.03 Covering of numbers prohibited.

1468.04 Violations.

1468.99 Penalty.

    CROSS REFERENCES

    Numbering of buildings - see 1st Class § 1502-XXII

    BOCA National Building Code - see B. & H. Ch. 1420

1468.01 NUMBERING REQUIRED.

After the effective date of this chapter, it shall be the duty of each and every owner or occupier of each and every house, building or other structure in the Township, to cause the same to be numbered in accordance with this chapter.

(Ord. 98-29. Passed 11-16-98.)

1468.02 PLACEMENT AND SIZE OF NUMBERS.

The numbers shall be placed in a conspicuous place at or near each front door or on the front transom bar, front glass or front show window over or on either side of the entrance, and also near each rear door or on the rear transom bar, rear glass or rear show window over or on either side of the rear entrance. The said numbers shall be of painted metal or material which shall be at least three inches in height, and the color shall be of such color as to be in contrast with the background of the premises and shall be so placed as to be in full view from the opposite side of the street, alley or walkway. If a number cannot be placed as required above, as a result of the high fences, brush, foliage or the like, then the number shall be placed in any other conspicuous place so that the number can be seen from the opposite side of the street, alley or walkway.

(Ord. 95-3. Passed 12-18-95; Ord. 98-29. Passed 11-16-98.)

1468.03 COVERING OF NUMBERS PROHIBITED.

No person shall cover any house number with a sign, drapery or obstruction tending to cause such number to be invisible or concealed.

(Ord. 98-29. Passed 11-16-98.)

1468.04 VIOLATIONS.

No person who shall number or cause to be numbered any house, building or structure contrary to the provisions of this chapter shall, from a period of ten days after notice, in writing, from either the Township Secretary or the Building Inspector, fail or neglect to number his or her house, building or structure in accordance with this chapter, or shall, for a period of ten days after notice, in writing, from the Township Secretary and/or the Building Inspector, fail to change a number if said number is incorrect, or shall violate any provision of this chapter by altering, defacing, removing, destroying or concealing any number required to be displayed.

(Ord. 98-29. Passed 11-16-98.)

1468.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1470 - Oil Tanks

1470.01 Location restrictions.

1470.99 Penalty; equitable remedy.

    CROSS REFERENCES

    Air-tight containers - see GEN. OFF. 674.03

    Gas and oil burners - see B. & H. 1422.08

    International Mechanical Code - see B. & H. Ch. 1426

    Unsafe heaters - see F.P. 1610.05(BOCA F-308.2)

1470.01 LOCATION RESTRICTIONS.

The erection or construction of tanks of any kind whatsoever having a capacity exceeding 1,000 gallons, for the purpose of holding, receiving or containing crude oil or any of its products, and the erection or construction of stills or any other buildings, machinery or apparatus whatsoever for the purpose of refining or otherwise treating oil, are hereby prohibited within 200 feet of any dwelling house, school house, church or other public or private building or public road or street in the Township.

(Ord. 152. Passed 4-1-29.)

1470.99 PENALTY; EQUITABLE REMEDY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)

In addition to the penalties provided in Section 202.99 of the Administration Code, any person violating any of the provisions of this chapter shall be compelled to remove the tank, still or other structure within thirty days from the date of the imposition of the fine or penalty, and upon failure to so remove the said tank, still or other structure within the time prescribed, the same shall be removed by the Township, and the costs thereof may be assessed and collected in the manner now provided for Municipal liens for the cost of removal of nuisances.

(Ord. 152. Passed 4-1-29.)


CHAPTER 1472 - Smoke Detector Systems

1472.01 System required.

1472.02 System specifications.

1472.03 Maintenance of system.

1472.04 Interpretation.

1472.05 Liability of Township.

1472.06 Violations.

1472.99 Penalty.

    CROSS REFERENCES

    Fireproof construction of buildings - see 1st Class § 1502-XX

    Construction standards, materials and specifications - see B. & H. Ch. 1462

    BOCA National Fire Prevention Code - see F.P. Ch. 1610

    Fires - see F.P. 1610.05(BOCA F-403.9)

1472.01 SYSTEM REQUIRED.

Before any owner of any dwelling shall lease or let or re-lease or re-let such dwelling or any part thereof to any other person, such owner shall install or cause to be installed therein a smoke detector system meeting the specifications outlined herein. Alternatively, any person who accepts title to any dwelling or part thereof shall install or cause to be installed a smoke detector system meeting the specifications outlined herein.

(Ord. 87-6. Passed 7-20-87.)

1472.02 SYSTEM SPECIFICATIONS.

In order for a smoke detector system to meet the requirements of this chapter, the following shall be required:

(a) The system shall have individual smoke detectors and audible alarms with at least one unit on every occupied floor. Said system located on floors with sleeping quarters, should be placed in or near each such room or portion of the dwelling where it is intended or likely that people will sleep.

(b) The system, at each such location, shall be capable of generating an audible alarm of sufficient loudness to alert sleeping persons.

(c) The system shall be sufficiently sensitive to smoke as to sound an alarm upon the presence of a level of smoke which would not be detectable by ordinary human senses. Systems sensitive only to heat are not acceptable.

(d) The system, if powered by electricity, should be primarily or secondarily powered by battery and shall be constructed so as to give off an audible or visual signal when its batteries require replacement or recharge.

(e) The system shall be the type approved by Underwriters Laboratories, Inc., and/or the American Insurance Association or a comparable testing firm.

(f) The battery(ies) used in the detectors should be of the alkaline type or better and must be replaced when worn, defective or discharged. Further, and notwithstanding wear, defect or discharge, such battery(ies) must be replaced annually or sooner based upon manufacturer's specifications.

(Ord. 87-6. Passed 7-20-87.)

1472.03 MAINTENANCE OF SYSTEM.

Any smoke detection system installed pursuant to this ordinance shall be maintained in good working order by the occupant as long as the building or structure in which it is located is maintained or used as a dwelling. "Good working order" shall include batteries with sufficient charge or power to sound an alarm meeting the requirements of this chapter.

(Ord. 87-6. Passed 7-20-87.)

1472.04 INTERPRETATION.

(a) The requirements of this chapter shall be deemed to be in addition to the requirements of any other Federal, State or local law, ordinance or rule which deals with smoke, fire or other safety alarms or systems.

(b) This chapter shall be co-existent with Chapter 1446 and shall be interpreted in conjunction therewith.

(Ord. 87-6. Passed 7-20-87.)

1472.05 LIABILITY OF TOWNSHIP.

This chapter creates no legal liability to the Township other than to ensure that, at the time of inspection, the smoke detector system was present and functional.

(Ord. 87-6. Passed 7-20-87.)

1472.06 VIOLATIONS.

No person shall, after the effective date of this chapter, occupy, inhabit or use any dwelling or part thereof in the Township of Lower Chichester as owner, or, being the owner, shall lease or let or re-lease or re-let any dwelling or part thereof in the Township of Lower Chichester to any other person, without having installed therein a smoke detector system which meets the requirements of this chapter.

(Ord. 87-6. Passed 7-20-87.)

1472.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)

Whenever a person violating any of the provisions of this chapter has been notified by the Building Inspector, or another designated person of the Township of Lower Chichester, or by service of summons in a prosecution, that he or she is committing such violation, each day on which he or she shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. However, such person shall have seven days after notification before the penalty provisions of this chapter shall apply.

(Ord. 87-6. Passed 7-20-87.)


CHAPTER 1474 - Stairways

1474.01 Requirements and specifications.

1474.99 Penalty.

    CROSS REFERENCES

    Construction standards, materials and specifications - see B. & H. Ch. 1462

1474.01 REQUIREMENTS AND SPECIFICATIONS.

(a) Every building hereafter erected or altered that is more than one story in height shall have at least one stairway leading to an exterior exit not less than two feet, ten inches, in width.

(b) All buildings, other than private houses or private garages more than two stories in height, shall have the main stairway at least four feet in width.

(c) All stairways in buildings of the first and second classes, except in private houses, shall be enclosed with fireproof partitions, and all such stairways shall be plastered on the underside with metal or wire lath and cement plaster or other approved fireproof material unless iron or standard fire-tower stairs of wood are used.

(d) In every multiple-dwelling hereafter erected or altered, there shall be access to the main stairway and a stairway from every apartment without passing through any other apartment.

(e) All stairways in multiple-family houses over two stories high shall be at least four feet in width, if used by not more than six or less than eight families; four feet, six inches, if used by eight families; five feet if used by ten or more families.

(f) As used in this section, "fire-tower stairs" means a stairway enclosed in fireproof walls, with proper means of entrance and exit, opening to the outside air or a fireproof roof, etc., as required by Commonwealth law.

(Ord. 288. Passed 5-24-54.)

1474.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1476 - Swimming Pools

1476.01 Definitions.

1476.02 Fences.

1476.03 Lights.

1476.04 Nuisances; notice to abate.

1476.05 Draining of pools required.

1476.06 Enforcement; inspections.

1476.99 Penalty.

    CROSS REFERENCES

    Acquisition of lands and buildings for recreation places - see 1st Class § 3001

    Construction standards, materials and specifications - see B. & H. Ch. 1462

1476.01 DEFINITIONS.

As used in this chapter:

(a) "Fence" means an enclosure. Such enclosure shall be at least four feet in height, with an aperture no larger than three inches, equipped with a self-closing gate and complete with a key-operated lock.

(b) "Private swimming pool" means any body of water and any tank or receptacle for water used or intended to be used for swimming or bathing by the owner, operator or lessee thereof and his or her family and by friends invited to use it, and constructed or maintained outside any building in or above ground upon any premises as an accessory use to the residence. Portable pools under two feet in depth are excluded herefrom.

(Ord. 76-1. Passed 4-19-76.)

1476.02 FENCES.

Every private swimming pool shall be completely surrounded by a fence. Any person maintaining a private swimming pool shall keep the gate closed and securely locked at all times when the pool is not in use by the person or the family maintaining the pool, his or her family or guests. Within thirty days of the effective date of this section (Ordinance 1976-1, passed April 19, 1976), any person maintaining a private swimming pool within the limits of Lower Chichester which has been constructed prior thereto shall erect a fence surrounding said pool in compliance with this chapter. Said fence must be at a minimum distance of four feet from the edge of the pool and must be erected around the entire perimeter of the pool.

(Ord. 76-1. Passed 4-19-76.)

1476.03 LIGHTS.

No artificial lighting shall be maintained or operated in connection with private swimming pools in such location or manner as to be a nuisance or any unreasonable annoyance to neighboring properties, and shall be so arranged and shaded as to reflect light away from adjoining premises.

(Ord. 76-1. Passed 4-19-76.)

1476.04 NUISANCES; NOTICE TO ABATE.

Every private swimming pool constructed, installed, established or maintained in the Township shall at all times comply with any requirements of the local Board of Health. Any nuisance or hazard to health which may exist or develop in, in consequence of or in connection with any private swimming shall be abated and removed by the owner, lessee or occupant of the premises on which the said pool is located within ten days of receipt of notice from the Building Inspector, the Health Officer or the Deputy Health Officer or a police officer of the Township.

(Ord. 76-1. Passed 4-19-76.)

1476.05 DRAINING OF POOLS REQUIRED.

All swimming pools in the Township shall be emptied of water during the period from October 1 to May 1.

(Ord. 440. Passed 2-21-72.)

1476.06 ENFORCEMENT; INSPECTIONS.

It shall be the duty of the Building Inspector, the Health Officer, the Deputy Health Officer or a police officer, respectively, to enforce the provisions of this chapter. The Building Inspector, the Health Officer, the Deputy Health Officer and any police officer shall have the right to enter any premises where such private swimming pool is located for the performance of their duties to ascertain compliance with this chapter.

(Ord. 76-1. Passed 4-19-76.)

1476.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1478 - Topsoil, Sand and Gravel Removal

1478.01 Permit required; exception.

1478.02 Permit application; map or survey required.

1478.03 Hearing required; permit issuance and conditions.

1478.04 Excavation restrictions.

1478.05 Bond required; regulatory approval.

1478.06 Inspections.

1478.07 Permit fee.

1478.08 Conflicts of laws.

1478.99 Penalty.

    CROSS REFERENCES

    Excavations generally - see GEN. OFF. 674.11(b)(5)

    Excavations in public property - see S.U. & P.S. Ch. 1022

1478.01 PERMIT REQUIRED; EXCEPTION.

No person shall excavate and remove any earth, sand, soil, gravel, clay, rock, stone or any other similar earth materials from the subsurface of any land in the Township without first having obtained permission therefor from the Board of Commissioners. This section shall not apply to the removal of 1,000 cubic yards or less of said material.

(Ord. 78-1. Passed 4-17-78.)

1478.02 PERMIT APPLICATION; MAP OR SURVEY REQUIRED.

The Board of Commissioners shall not consider any request for the removal of any materials provided for in Section 1478.01 from the subsurface of any premises until the owner of the premises shall first file with the Township Secretary a written application requesting permission to do so, together with a map or survey prepared by a registered surveyor or engineer showing the area to be excavated. No such permission for such excavation shall be issued until the said map or survey has been approved in writing by the Board of Commissioners.

(Ord. 78-1. Passed 4-17-78.)

1478.03 HEARING REQUIRED; PERMIT ISSUANCE AND CONDITIONS.

(a) Within thirty days after an application is filed, a hearing before the Board of Commissioners shall be granted to an applicant for permission to excavate. The Board, in considering and reviewing the application and plans and in arriving at its decision, shall be guided by and shall take into consideration the public health, safety or general welfare of the residents of the Township, giving particular consideration to the following factors:

  (1) Soil erosion;

  (2) Drainage;

  (3) Possible danger to persons in the vicinity of said excavation;

  (4) Possible damage to property of persons adjacent to or in the vicinity of said excavation; and

  (5) Effect upon the land values and land uses in the Township.

(b) After examining the application and the map provided for in this chapter, and after a hearing, if the Board of Commissioners is of the opinion that the proposed excavation will not create conditions inimical to the public health, safety or general welfare, permission to perform such excavation under such terms and conditions as the Board of Commissioners shall determine shall be granted.

(Ord. 78-1. Passed 4-17-78.)

1478.04 EXCAVATION RESTRICTIONS.

No excavation provided for in this chapter shall be permitted within 500 feet of any building or improvement belonging to or being used by any person upon adjacent properties. No permit shall be issued without the applicant first submitting the following information to the Board of Commissioners:

(a) Information relative to the purpose for which the excavated area will be used.

(b) The materials to be stored and used in said area.

(c) The total cost of the work performed and the materials to be installed under said project.

(d) The steps to be taken to prevent any harm, damage or danger to persons or property in the Township, both during the excavation as well as after materials are stored in caverns.

(Ord. 78-1. Passed 4-17-78.)

1478.05 BOND REQUIRED; REGULATORY APPROVAL.

(a) Before any permit or permission for excavation shall be granted or issued, the owner shall file with the Board of Commissioners a bond in such form and with surety acceptable to the Township and in such amount as in the opinion of the Board of Commissioners shall be sufficient to insure the faithful performance of the work to be undertaken as well as to protect persons and property from any harm or damage which may befall them as a result of the operation of caverns.

(b) At the time of the filing of the application required under this chapter, the applicant shall submit proof of the permission granted by any agency, department or representative of the State or of the United States wherever such permission is required under the law.

(Ord. 78-1. Passed 4-17-78.)

1478.06 INSPECTIONS.

Prior to the usage of a cavern, and at all times thereafter, the Township shall have the right, by its duly appointed representatives, to enter into said cavern and upon the property where said cavern is located to inspect the operation and the manner in which the cavern is being used.

(Ord. 78-1. Passed 4-17-78.)

1478.07 PERMIT FEE.

No exploration shall be made and no material shall be removed from the subsoil of any premises unless a permit therefor has been first obtained as provided herein. At the time of the application, a fee payable to the order of the Township shall be paid by the applicant for the permit for removal of materials from the subsurface of any premises. Said fee shall be an amount computed at the rate of two cents (2¢) per cubic yard to be removed as stated in the application and certified upon the plan. In the event of refusal of such removal permit, the fee paid by the applicant shall be refunded, except that all monies and costs incurred by the Township for engineering surveys and reports, inspection fees and legal fees shall be retained by the Township, and the balance remaining shall be refunded to the applicant, together with a statement of the costs and expenses incurred by the Township in the processing of said application.

(Ord. 78-1. Passed 4-17-78.)

1478.08 CONFLICTS OF LAWS.

Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.

(Ord. 78-1. Passed 4-17-78.)

1478.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1480 - Vacant Structures

1480.01 Authority of Housing Inspector re vacant structures; fee.

1480.02 Notice to owner to make repairs; remedy of Township for noncompliance.

1480.99 Penalty.

    CROSS REFERENCES

    Repair of buildings - see 1st Class § 1502-XVIII

    Prevention of unlawful construction - see 1st Class § 1502-XIX

    Fireproof construction - see 1st Class § 1502-XX

    Unsafe structures - see 1st Class § 1502-XXVI

1480.01 AUTHORITY OF HOUSING INSPECTOR RE VACANT STRUCTURES; FEE.

(a) The Housing Inspector, who shall be the Building Inspector in the Township, shall report to the Board of Commissioners all vacant structures found to be unsafe to children and other members of the public.

(b) The Housing Inspector may require all structure openings to be boarded shut by plywood board or similar material, and may require designated outside portions of the structure to be repaired or removed, to prevent ingress by children or injury to children or other members of the public.

(c) The Housing Inspector shall be entitled to such fee as shall be fixed by resolution of the Board, which shall be recoverable from the owner of the property.

1480.02 NOTICE TO OWNER TO MAKE REPAIRS; REMEDY OF TOWNSHIP FOR NONCOMPLIANCE.

(a) Upon receipt of the report provided for in Section 1480.01, the Secretary of the Township shall notify the owner of the property to perform the repairs or safety measures prescribed within thirty days of notice.

(b) Upon failure of the owner to comply, the Township may make said repairs or accomplish said safety measures and lien the property for the cost therefor in the manner provided by law for the filing and collection of municipal liens or by action in assumpsit therefor. Such remedy shall be in addition to the penalty provided in Section 1480.99.

1480.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1482 - Walls

1482.01 Foundation walls.

1482.02 Exterior walls.

1482.03 Party walls and fire walls.

1482.04 Construction specifications; materials.

1482.05 Windows and door openings in walls.

1482.99 Penalty.

    CROSS REFERENCES

    Construction standards, materials and specifications - see B. & H. Ch. 1462

    Windows - see B. & H. Ch. 1484

1482.01 FOUNDATION WALLS.

(a) All foundation walls shall be constructed of stone or pebble cement-concrete, stone or pebble concrete blocks, stone or brick. If built on the ground they must be on a solid bottom and at least three feet below the surface of the finished grade. Where, in the opinion of the Building Inspector, the soil is unsuitable for the foregoing provisions, he or she may require the further extension in depth of such foundation walls until suitable soil is reached, or require the foregoing foundation walls to rest on a spread-footing of such dimensions as he or she shall deem necessary.

(b) Where enclosing cellars or an excavation, foundation walls shall start at a point at least twelve inches below the finished cellar or excavation floor level. All cellars shall have a vertical clearance of seven feet between the finished floor level and the bottom of the first floor joists.

(c) Foundation walls must be carried to the top of first floor joists, or beams, and filled to full width except in buildings of frame construction. However, for small one-story buildings or private garages without basements, foundation walls shall be constructed of such materials, depth and thickness as may be approved by the Building Inspector. In no case shall foundation walls be less than eight inches in thickness nor less than eighteen inches in depth.

Cement-blocks or brick must be constructed of standard cement as follows: materials, one part cement, one and one-half parts sharp sand, two and one-half parts crushed stone, gravel or slag.

(d) In all cases where, in the opinion of the Building Inspector, the soil is not sufficiently solid to bear the weight of the construction, and where it has been determined by the said Building Inspector that a spreadfooting shall be built, then such footing shall be constructed of stone or brick laid in cement mortar, or of stone or pebble cement-concrete, with or without steel reinforcement. The design of footings shall be such that the loads sustained per unit of area shall be as nearly uniform as possible and within the bearing capacities of soil set forth in the following table, to wit:

Soft clay

1 ton per sq. ft.

Firm clay, fine sand or layers of sand and clay, wet

2 ton per sq. ft.

Clay or fine sand, firm and dry

3 ton per sq. ft.

Hard clay, course sand, gravel, dry

4 ton per sq.

Hard pan

8 to 16 ton per sq. ft.

Hard rock

30 ton per sq. ft.

(e) In case of doubt as to the bearing capacity, tests shall be made and the footings designed accordingly. Whenever such tests shall be required by the Building Inspector, the same shall be made under his or her direction and the cost therefor borne by the permittee.

(Ord. 288. Passed 5-24-54.)

1482.02 EXTERIOR WALLS.

(a) The following table shall govern the minimum thickness in inches of exterior walls:

Foundations of Stone

Stone Walls

Stories

B

1st.

2nd.

3rd.

4th.

One

16

16

Two or 2 ½

18

16

16

Three

20

18

16

16

Four

22

18

16

16

Brick Walls

Stories


B


1st.


2nd.


3rd.


4th.


5th.


6th.

One


16


8


Two or 2 ½


16


8


8


Three


18


12


8


8


Four


22


16


12


8


8


Five


24


20


16


12


12


8


Six


28


20


20


16


12


12


8




Frame Walls


B


One


16


Two or 2 ½


16


Three


18

Hollow Tile or Concrete Walls

Stories


Foundation


One


16


Two


16


8


8


Three


18


16


12


8

Foundations of Poured Stone or Pebble-Cement Concrete

Brick Walls

B

1st.

2nd.

3rd.

4th.

5th.

6th.

One

10

8

Two or 2 ½

10

8

8

Three

12

12

12

8

Four

16

16

12

8

8

Five

20

16

16

12

12

8

Six

24

20

16

16

12

12

8

Frame Walls

Stories

Foundation

One

10

Two

12

Three

16

Walls Made of Stone or Pebble-Cement Concrete Blocks

Stories

B

1st.

2nd.

3rd.

One

10

8

 

Two or 2 ½

10

8

8

 

Three

12

12

12

8

Foundation of concrete block (except cinder block): Same table as for poured concrete with a maximum height of two stories.

One story frame structures or garages may be placed upon brick, stone, concrete or concrete block foundations (except cinder blocks) having a minimum width of eight inches and a minimum depth of eighteen inches.

(b) When the clear span is over twenty-six feet, all bearing walls shall be increased four inches in thickness for masonry of solid or hollow units, excepting stone, and two inches for stone over the above table for every additional ten feet or fraction thereof to span, except that piers, buttresses or hollow column may be used for bearings or girders or trusses in lieu of additional thickness of walls.

(c) If the wall is over seventy-five feet in length, without cross-walls, piers or buttresses, it shall be increased four inches in thickness for every additional seventy-five feet in length or fraction thereof.

(d) No hollow tile or hollow cement-concrete blocks shall be used either filled or not filled as piers or pilasters in any building.

(Ord. 288. Passed 5-24-54.)

1482.03 PARTY WALLS AND FIRE WALLS.

(a) Every building hereafter erected, altered or added to, when part of a pair or group, shall be separated from the adjoining buildings by party walls.

(b) Party walls and fire walls shall be constructed only of fireproof materials, and their thickness shall be in conformity with the tables for exterior walls and other provisions of this chapter. Fire walls, and not party walls, may be built of hollow noncombustible materials as may be approved by the Building Inspector, provided that party walls and fire walls of buildings not exceeding a height of forty feet from the top of the foundation wall may be of hollow tile or cement-concrete block of a thickness of not less than eight inches for buildings not over forty-five feet in depth, and of a thickness of not less than twelve inches for buildings over forty-five feet in depth and up to sixty-five feet in depth. Party walls shall be continuous throughout their entire height. In the case of flat roofs, party walls must extend through and to a point not less than nine inches above the roof and be capped with stone, tile, metal or other noncombustible material. All frame buildings of whatever class of semidetached or multi-type shall have party walls of noncombustible materials. In buildings with other than flat roofs, noncombustible party walls shall be extended in height to the underside of the sheathing.

(c) Where apartments are built over a business building, the fire wall may be built of iron or steel beams of approved strength. Such beams, with their support, shall be fireproofed as directed by the Building Inspector.


(Ord. 288. Passed 5-24-54.)

1482.04 CONSTRUCTION SPECIFICATIONS; MATERIALS.

(a) Curtain walls and other nonbearing walls in buildings of the first and second classes or elsewhere shall be of the minimum thickness of eight inches for brick or other materials as approved by the Building Inspector, provided the story height does not exceed ten feet in the clear. If exceeding this height, these walls must be increased four inches in thickness.

(b) All stone wall shall be laid with at least one header extending through the wall every three feet in height and every four feet in length.

(c) In brick walls at least every seventh course of brick shall be a header course, except where block walls have fire brick on exposed surfaces, in which case an approved metal wall-tie shall be used as directed by the Building Inspector.

(d) Brick or stone veneer walls must not be less than four inches in thickness tied to the framework with metal ties placed not less than four inches apart or every fourth course. Frame work must not be less than two by four-inch studs on sixteen-inch centers fully and properly sheathed and braced. In any case where the veneer will extend only to the joists of the second floor and the balance of the structure is framework, the second floor joists shall extend beyond the framework and rest upon the veneer wall.

(e) All brick shall be not less in quality than medium brick and shall meet the requirements of the tests for absorption and strength published by the American Society for Testing Materials, provided that no soft brick shall be used until samples of the same have been submitted to the Building Inspector and approved by him or her, and provided, further, that soft brick shall not be used below the top of the first floor joists, nor above the ceiling of the second story, nor in or around flue linings, nor on any extensive exposed surface.

The above applies only to clay and sand-lime brick. Cement-concrete brick shall meet the requirements of the A.S.T.M. Specification Serial designation C-6S-24 T.

(f) All stone, brick, hollow tile or patented block walls in buildings, foundation walls and piers, and outside wall chimneys and other chimneys from the underside of roof rafters to their tops, shall be laid in cement mortar.

(g) Walls may be laid in cement-lime mortar, provided that when, in the judgment of the Building Inspector, the nature of construction may permit of its use, lime-mortar or patented mixtures may be used.

(h) Cement mortar shall be made of one part Portland cement to not more than three parts sand, and may, except in freezing weather, have ten percent by volume of hydrated lime added when thoroughly mixed in. Cement-lime mortar shall be made of one part lime, one part Portland cement, and not more than three parts of sand to each. Sand must be sharp and free from loam or other deleterious material.

(i) Poured cement-concrete used in the construction of any foundation wall or footing shall not be less in consistency than one part of Portland cement to two and one-half parts of fine aggregate to five parts of coarse aggregate. Poured cement-concrete used in the construction of any piers or exterior or bearing walls shall consist of at least one part of Portland cement to two parts of fine aggregate to four parts of coarse aggregate. In all poured cement-concrete, no part of the coarse aggregate shall be other than crushed stone or pebbles.

(j) All site proportioning of materials shall be by volume measured in a suitable manner and not by estimation. No greater quantity of cement-mortar or cement-concrete shall be prepared than will be required for immediate use, and any that has attained "initial set" shall not be retempered nor used in any way for masonry construction. Mortar used in masonry walls must solidly fill all voids.

(k) Where cement-concrete blocks are used and placed in any exposed wall of a building, such block shall be coated on the exterior or exposed face or faces with a cement mortar to be applied as set forth for other work of a like nature enumerated in this Building and Housing Code.

(l) No single walls or any building shall be carried up more than one story in advance of any other wall of said building on the same floor.

(m) No recess, chase or flue shall be made in any wall more than one-third its thickness, and no recess, chase or flue shall be built within twelve inches of any opening, but no wall less than twelve inches thick shall be recessed or chased, provided that this shall not prohibit the building of chases for soil or other pipes in walls of the dwelling portion of buildings, not over three stories in height. Party walls must not be recessed or chased more than one-half of their thickness, and if chases occur on opposite sides of the same walls, they must be kept nine inches or more from each other. The backs of all such chases or recesses must be plastered smooth with mortar.

(n) In all buildings of the third class, all openings in bearing walls or partitions over three feet in width shall be trussed over or supported by not less than two two-by-eight inch wooden beams placed directly over the opening. Such truss or beam shall bear directly upon the doubling stud which shall be required at all door and window openings. All buildings of the third-class shall be sheathed with not less than three-quarter inch wood sheathing or composition board approved by the Building Inspector. Each corner post shall be braced in two directions for the height of each full story. Triple studs shall be used at outside corners.

(o) In all habitable buildings of the third class without cellars or with partial cellars, the unexcavated portion shall be provided with crawl space under the first floor joists, and if this space is surrounded by a continuous wall, such space shall have a screened ventilating opening of not less than three square feet. No first floor of any character or construction of a habitable building shall be placed directly on the earth surface.

(Ord. 288. Passed 5-24-54.)

1482.05 WINDOWS AND DOOR OPENINGS IN WALLS.

All openings in foundation or masonry-bearing walls must be provided with brick arches or lintels of stone, brick, stone or pebble-concrete terra cotta or of iron or steel of proper strength. All iron lintels in buildings of the first and second class must be thoroughly fireproofed.

(Ord. 288. Passed 5-24-54.)

1482.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


CHAPTER 1484 - Windows

1484.01 Requirements and specifications.

1484.99 Penalty.

    CROSS REFERENCES

    Construction standards, materials and specifications - see B. & H. Ch. 1462

    Walls - see B. & H. Ch. 1482

1484.01 REQUIREMENTS AND SPECIFICATIONS.

(a) Every room in every dwelling used as a residence for one or more families shall have at least one window opening to the outer air. Windows shall have an area between stop beads of at least twelve square feet, and the total window area of any room shall be equal at least to one-eighth of the superficial floor area of the room. In the case of a bathroom, however, the window need not exceed six square feet of area, and in the case of a separate compartment in which there is a toilet only, the window need not exceed four square feet. A skylight having ventilated sides equivalent to the areas required may be used in a bathroom or toilet compartment in lieu of the window.

(b) All hallways in any dwelling used as a residence for more than one family shall have a window of at least twelve square feet in area.

(c) In addition to ventilation and other subjects mentioned in this Building and Housing Code, the rules and regulations of the State Board of Health and of other bodies having jurisdiction must be observed.

(d) A bay or oriel window may be built on any building, subject to the provisions of the Zoning Code. Where it is attached to a first, second or third-class building, it may be covered with metal, stucco, metal or wire lath, or other fire-resisting material, provided that the construction must conform to the requirements of the class of building to which the bay or oriel window is attached.

(Ord. 288. Passed 5-24-54.)

1484.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)


Title Eight - Housing Standards


CHAPTER 1490 - International Property Maintenance Code

1490.01 2006 edition adopted; file copies.

1490.02 Definitions.

1490.03 Conflicts of laws.

1490.04 Amendments.

1490.99 Penalty; equitable remedies.

    CROSS REFERENCES

    Enactment of housing ordinances and codes - see 1st Class §§ 1502-XVIII, XIX

    Appointment of housing inspectors - see 1st Class § 1502-XX

    Board of Appeals - see ADM. Ch. 284

    Manufactured homes in flood hazard areas - see B. & H. 1466.25

    Authority of Housing Inspector re vacant structures - see B. & H. 1480.01

1490.01 2006 EDITION ADOPTED; FILE COPIES.

There is hereby adopted, for the purpose of establishing rules and regulations for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance of residential and nonresidential structures, including administration, enforcement and penalties, the International Property Maintenance Code, the 2006 edition, published by International Code Council, Inc., et. al., save and except such portions as are hereinafter deleted or amended, of which Code is not less than three copies have been and are now filed in the office of the Township Secretary, and the same is hereby adopted and incorporated as fully as if set out at length herein. From the date on which this section takes effect, the provisions thereof shall be controlling in all subjects therein contained, within the corporate limits of the Township.

(Ord. 2006-01. Passed 2-20-06.)

1490.02 DEFINITIONS.

As used in the International Property Maintenance Code, as adopted in Section 1490.01:

(a) "Township of Lower Chichester" shall be inserted wherever the words "name of jurisdiction" appear in brackets.

(b) "Legal officer" or "legal representative" means the Township Solicitor.

1490.03 CONFLICTS OF LAWS.

In the event of a conflict between any of the provisions of the International Property Maintenance Code, as adopted in Section 1490.01, and any provision of this Part Fourteen - Building and Housing Code, or any other provision of these Codified Ordinances, or any other local ordinance or resolution, the local provision shall prevail. In the event of a conflict between any of the provisions of the International Property Maintenance Code, as adopted in Section
1490.01, and a provision of any other technical code or standard applicable to or adopted by the Township, the stricter or higher standard shall prevail. In the event of a conflict between any of the provisions of the International Property Maintenance Code, as adopted in Section 1490.01, and any provision of State law, the State law shall prevail.

1490.04 AMENDMENTS.

The International Property Maintenance Code, as adopted in Section 1490.01, is hereby amended as follows:

Section 101.01

Insert: "Township of Lower Chichester"

Section 103.6

Insert: "As set forth in Chapter 1442 of the Codified Ordinances of Lower Chichester Township."

Section 303.15

Insert: "April 15 to November 15"

Section 602.3

Insert: "November 15 to April 15"

Section 602.4

Insert: "November 15 to April 15"

1490.99 PENALTY.

(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)

The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All persons violating any of the provisions of this chapter, including the provisions of the International Property Maintenance Code hereby adopted, shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Back to Top