ORDINANCE NO. 119

 

 

AN ORDINANCE ESTABLISHING MINIMUM REGULATIONS GOVERNING THE DESIGN, CONSTRUCTION, ALTERATION, ENLARGEMENT, REPAIR, DEMOLITION, REMOVAL, MAINTENANCE AND USE OF ALL BUILDINGS AND STRUCTURES; PROVIDING FOR THE ISSUANCE OF PERMITS, COLLECTION OF FEES, MAKING OF INSPECTIONS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; KNOWN AS THE BUILDING CODE OF KENNETT TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, AND REPEALING EXISTING ORDINANCE NUMBER 86 OF KENNETT TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA.

 

SECTION 1.   ADOPTION OF BUILDING CODE

 

That a certain document, three (3) copies of which are on file in the office of Kennett Township designated as “The BOCA National Building Code, Thirteenth Edition, 1996,” published by the

Building Officials and Code Administrators International, Inc. be and is hereby adopted as the Building Code of Kennett Township, Chester County, Pennsylvania; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance with the additions, insertions, deletions and changes prescribed in Section 3 of this Ordinance.

 

SECTION 2.   INCONSISTENT ORDINANCES REPEALED

 

That Ordinance Number 86 of Kennett Township of Chester County, Pennsylvania and all other Ordinances or parts of Ordinances in conflict are herewith and hereby repealed.

 

SECTION 3.  OTHER CODES INCLUDED

 

In addition to the 1996 BOCA Basic Building Code, these additional codes are included by reference:

 

            THE BOCA NATIONAL PLUMBING CODES 1995 AS AMENDED

 

            THE BOCA NATIONAL MECHANICAL CODE 1996

 

            THE BOCA NATIONAL FIRE PREVENTION CODE 1996

 

            THE CABO ONE AND TWO-FAMILY DWELLING CODE 1995

 

            THE NATIONAL ELECTRIC CODE 1996


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SECTION 4.   ADDITIONS, INSERTIONS, AND CHANGES

 

The following sections of the 1996 BOCA Basic Building Code are hereby revised as follows:

 

101.0 SCOPE

101.1:  Title    Insert:  Kennett Township

 

111.0      CONDITIONS OF PERMIT

Add new paragraph

111.5  PA Fire and Panic Act:  No permit will be issued for the erection of a new building or structure, or the alteration of an existing building or structure, if said building or structure type is within the jurisdiction of the Department of Labor and Industry, Commonwealth of Pennsylvania, Building Regulations for Protection from Fire and Panic, until the set of Commonwealth of Pennsylvania approved plan is submitted for examination.”

 

112.0      FEES

112.3.1    Fee Schedule:  [See the current Fee Schedule adopted by Kennett Township.]

 

112.5   Refunds:  Add:  Once issued, no refunds will be made of fees for permits for abandoned           or discontinued projects.

 

116.0      VIOLATIONS

116.4    Violation penalties:  Insert Offense:  [Misdemeanor].  Insert amount:  [$300.00].

Delete number of days.

 

117.0      STOP WORK ORDER

117.2   Unlawful continuance:  Insert less than amount:  [$50.00].  Insert more than amount:         [$500.00].  Add:  Each day that a violation continues shall be deemed a separate offense.

 

118.0      CERTIFICATE OF OCCUPANCY

118.4   Contents of Certificate:         Change to read:  The certificate required by this Ordinance     shall be the same as the use and occupancy permit required by Section 2004 through            Section 2006 of the Kennett Township Zoning Ordinance of 1995, as amended, and said         permit and the application therefore shall be designed to provide for the satisfaction of    requirements of this code and the aforesaid zoning Ordinance.

 

421.0:  SWIMMING POOLS

421.1      General:  Change to read:  Pools used for swimming or bathing shall be in conformity with the requirements of this section provided, however, these regulations shall not be applicable to (1) any such pools less than twenty-four (24) inches deep or having a surface area less than two-hundred and fifty (250) square feet except when such pools are permanently equipped with a water re-circulation system or involve structural materials,


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            or (2) a naturally created pond or waterway, or any farm pond, whether existing or        subsequently created.  Materials and construction used in swimming pools shall comply            with the applicable requirements of this code.  Pools used for swimming or bathing, and         their equipment or accessories which are constructed, installed, and maintained in             accordance with the applicable standards listed in Appendix B, shall be deemed to        conform to the requirements of this code.

 

421.6.1  Water Treatment:   Change to read:  “Public and semi-public swimming pools shall be           designed, installed and maintained in accordance with the rules and regulations adopted

              by the Pennsylvania Department of Environmental Resources and the Chester County

  Health Department.”

 

1014.0    STAIRWAYS   

1014.6 Treads and Risers:   Change to read:   Maximum riser shall be eight (8) inches and    minimum riser shall be four (4) inches.  Minimum tread depth shall be nine (9) inches.          Two risers and one tread shall equal approximately 25 inches.

 

1205.0    LIGHT AND VENTILATION REQUIRED

1205.2 Ventilation required:  Add sentence:   Extend vent duct to exterior of building with a   self-closing terminal device.

 

1301.0    SCOPE

Add new paragraph

1301.2  Energy conservation shall be governed by Commonwealth of Pennsylvania, Act #222.

 

1806.0    DEPTH OF FOOTINGS

1806.1 Frost protection:   Add the following sentence:  “The frost depth in this area is assumed         to be 36 inches and all permanent foundations shall extend below this depth.”

 

1995 CABO ONE AND TWO-FAMILY DWELLING CODE

 

Section 314.2   Treads and Risers:   Change to read:  Maximum riser shall be eight (8) inches and minimum riser shall be four (4) inches.  Minimum tread depth shall be nine (9) inches.  Two rises and one tread shall equal approximately 25 inches.

 

SECTION 5.   SAVING CLAUSE:

 

That nothing in this Ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or Ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance.


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SECTION 6.   DATE OF EFFECT:

 

That the Secretary of Kennett Township shall certify to the adoption of this Ordinance and cause the same to be published as required by law; and this Ordinance shall take full force and effect from and after its adoption as required by law.

 

ENACTED AND ORDAINED this  19TH  DAY  OF  OCTOBER,  1998

 

 

                                                                                    KENNETT TOWNSHIP

                                                                                    BOARD OF SUPERVISORS

 

 

                                                                                    _________________________________

Attest:                                                                         Michael E. Elling

 

 

______________________________                        _________________________________

           Secretary-Treasurer                                       Charles G. Shoemaker

 

 

                                                                                    _________________________________

                                                                                    James C. Henderson