Ordinance No. 93-01 - Adoption by Reference

An Ordinance adopting the BOCA National Building Code/1990 and other codes and standards referenced therein, 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.

And now, this 22nd day of February, 1993, it is hereby ordained by the Board of Supervisors of the Township of London Britain, Chester County, Pennsylvania, as follows:

That a certain document, one (1) copy of which is on file in the office of the Township Secretary of London Britain Township being marked and designated as the BOCA NATIONAL BUILDING CODE, ELEVENTH EDITION, 1990 as published by the Building Officials and Code Administrators International, Inc. be and is hereby adopted as the Building Code of the Township of London Britain, Chester County, Pennsylvania; for the control of buildings structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of 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, changes, and inclusions, prescribed in Sections 2 and 3 of this Ordinance.

That the following sections are hereby revised as follows:

Section 100.1 - Insert: "London Britain Township"

Section 103.4 - Insert: "February 22, 1993"

Section 104.1 - Add: "nor shall ordinary repairs include the replacement of seventy-five (75%) percent or more of the roof of any structure except re-shingling in kind."

Section 106.2 - Add: " 106.2 Fees: The fee for a building permit for the removal of a principal building from one lot to another, or from one location to another on the same lot shall be in accordance with the fee schedule adopted by the Board of Supervisors, pursuant to a duly enacted resolution for same."

Section 109.2 - Revise to read: "The code official shall be appointed on a yearly basis by the chief appointing authority of the jurisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority."

Section 109.3 - Revise to read: "The Board of Supervisors of London Britain Township shall appoint such number of officers, technical assistants, inspectors, and other employees as shall be necessary for the proper administration of the Building Code."

Section 109.4 - Revise to read: "The Board of Supervisors of London Britain Township may designate an employee as its deputy, who shall exercise all the powers of the Code Official during the temporary absence or disability of the Code Official."

Section.111.6-Revise to read: "There shall also be a site plan showing to scale the size and location of all new construction and all existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. All site plans shall show the location on the lot of the site of the domestic water supply and sewage treatment facilities. AU required state and county permits must accompany the application for permit. In the case of demolition, the plot plan shall show all construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot.

Section 116.1 - Revise to read: "The site plan shall indicate the location of a private sewage disposal system when a public sewer is not available. All technical data and soil data required by the Chester County Health Department shall be submitted with the site plan.

Section 114.3 - Revise to read: "Fees for each plan examination and building permit shall be those established by resolution duly adopted by the Board of Supervisors of London Britain Township."

Section 117.4 - Revise to read: "Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official, or of a permit or certificate issued pursuant to this Code shall, upon conviction of such violation or non- compliance by any District Justice, be sentenced to pay a fine of not more that Five Hundred ($500.00) Dollars, together with costs of prosecution, or to imprisonment in the County Jail for a term not to exceed thirty (30) days, or both. Each day that a violation continues shall be deemed a separate offense. "

Section 118.2 - Revise to read: "Any person who shall continue any work in or about the structure after having been served with a stop work order (i.e; an order from the Township Code Enforcement Officer directing the owner, builder, or other person in charge to stop work), except for such work as that person is directed to perform to remove or cure a violation or unsafe condition, shall, upon conviction of such violation or non-compliance by a District Justice, be sentenced to pay a fine of not more that Five Hundred ($500.00) Dollars, together with costs of prosecution, or to imprisonment in the County Jail for a term not to exceed thirty (30) days, or both. Each day that such work continues in violation of a stop work order shall be deemed a separate offense."

Section 123.2 - Revise the beginning of the first sentence to read: "The Board of Survey shall consist of three persons, one of whom shall be the Code Official or an assistant designated by the Board of Supervisors..."

Section 123.3 - Revise to read: "The third member of the Board shall receive a fee, which shall be established by resolution duly adopted by the Board of Supervisors of London Britain Township.

Section 2906.1 - Revise to read: "No person shall erect, install, remove, re-hang or maintain over public property any sign for which a permit is required under the provisions of this Code until an insurance policy has been filed for public liability in the minimum amount of Five Hundred Thousand ($500,000) Dollars per accident, including both personal injury and property damage, as herein required."

Section 2906.2 - Delete the words: "bond or" so that the Section shall begin with the phrase: "Such insurance policy shall protect and hold..."

That the following sections are hereby added, enacted, and ordained:

Section 105.1.1: Demolition Permit Fees:

A fee for each demolition permit shall be paid in accordance with the fee schedule adopted by the Board of supervisors of London Britain Township pursuant to a duly enacted resolution therefor.

Section 112.10: Plan Requirements

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 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 plans approved by the Pennsylvania Department of Labor and Industry is submitted for examination; said plans shall be retained by the Township.

Section 112.11 Plans Retained

When plans are submitted for any permit, one set of such plans will be retained by the Township. Any others will be returned to the applicant and marked by the Code Enforcement Officer with the results of his or her review.

That the adoption of the BOCA NATIONAL BUILDING CODE as herein provided, shall specifically include the adoption of the standards referenced in Appendix A to the said Code, including the various codes, specifications, standards, safety requirements, etc., or portions thereof, itemized therein. The codes, specifications, standards and requirements fisted in Appendix A to the said Code are hereby adopted and made a part hereof as if fully set out in this Ordinance.

If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of the Ordinance. It is hereby declared as the intent of the Board of Supervisors of the Township of London Britain that the remainder of this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein. All ordinances, or parts of ordinances, conflicting or inconsistent herewith are hereby repealed, but only to the extent of such inconsistency.

This Ordinance will become effective February 23, 1993. Permits outstanding at the time of Enactment are exempt from compliance with this ordinance. Until such time that a Code Official is appointed by the Board of Supervisors of London Britain Township, all building plans shall be reviewed by representatives from the local BOCA office.

Until such time that a Code Official is appointed by the Board of Supervisors of London Britain Township, all building inspections will be performed by the Zoning Officer under the supervision of a certified BOCA professional as approved by the Board of Supervisors.

The Board of Supervisors shall appoint a Code Official no later than their first meeting in January, 1994.