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PART II GENERAL LEGISLATION: Chapter 62, BUILDING CONSTRUCTION

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention -- See Ch. 85.

Housing standards -- See Ch. 98.

Numbering of buildings -- See Ch. 111.

Plumbing -- See Ch. 121.

Sewers and sewage -- See Ch. 132.

Subdivision and land development -- See Ch. 146.

Swimming pools -- See Ch. 149.

Zoning -- See Ch. 162.

ARTICLE I, General Standards [Adopted 5-10-1979 by Ord. No. 1485;EN amended in its entirety 7-10-1997 by Ord. No. 1795]

62-1. Adoption of standards by reference.

The Township of Abington, in order to regulate construction, alteration, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures within the township, hereby adopts the provisions of the BOCA Basic Building Code 1996, Thirteenth Edition, as published by the Building Officials and Code Administrators International, Inc., and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than one copy has been and now is filed in the office of the Secretary of the Township of Abington, 1176 Old York Road, Abington, Pennsylvania, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the Township of Abington.

62-2. Amendments.

Changes and additions to the BOCA Basic/National Building Code, 1996, Thirteenth Edition, are as follows:

A. In section 101.0, insert "Township of Abington."

B. Section 104.1, shall provide as follows:

104.1 Code Official: The Department of Code Enforcement of the Township of Abington shall be the Department of Code Enforcement, and the executive official in charge thereof, or a designated representative, shall be the Code Enforcement Official.

C. Section 110.4, shall provide as follows:

110.4 Certificate of rodent extermination: A permit to demolish or remove a structure shall not be issued until the applicant shall furnish to the Code Official a certificate from a reputable rodent exterminator which shall state that the building or structure to be demolished has been inspected and found to be free of rodents or that the building or structure to be demolished has been properly treated for the eradication of all rodents in and about the premises.

D. Sections 107.6.1 through 107.6.3 shall provide as follows:

107.6.1. Plot diagram: When required, there shall also be filed, along with the application to obtain a building permit, a suitable plot plan drawn on white paper with black ink, to a scale of 20 feet to the inch or a larger scale if so specified by the Building Inspector.

107.6.2. Copies of Plot Plan: Four copies of the plot plan, drawn by a registered engineer or land surveyor, are required for all new buildings, properly sealed. One copy of the plot plan is usually sufficient for additions, although extra copies may be requested by the Building Official.

107.6.3. Plot plan information: Plot plans must show the following information:

(1) The location of the property in relation to the nearest intersecting street and the distance in feet and decimal parts thereof of property therefrom, together with a North point.

(2) The present owner of the property as of plan of record or suitable evidence of recent purchase.

(3) How the property is marked, whether by surveyor stakes or monuments, date of survey, and the lot numbers and block number as of plan of record.

(4) The total lot area in square feet.

(5) The type of zoning and the proper building restriction lines as per the Abington Township Zoning Ordinance.EN

(6) The total square feet area and percentage of the lot covered by buildings or structures.

(7) The total square feet area of each floor.

(8) The square feet area of each green area (as defined in the Zoning OrdinanceEN for commercial areas), the total square feet of green area and percentage of lot covered by such green area.

(9) Topographical lines showing existing and final. elevations and flow of surface and rainwater from the premises.

(10) The full width of the street and intersecting street, all right-of-way, etc., properly marked with dimension as of plan of record.

(11) All improvements installed and proposed, indicating size and location.

(12) All paved areas with each parking space numbered.

(13) First floor elevation.

(14) Zoning District requirements listed in a column with proposed data in a separate column.

(15) Engineered stormwater calculations.

(16) Any additional information as may be considered necessary by the Building Inspector.

E. Insert a new Section 112.3, to be titled "Fees," and to read as follows: "The fee schedule to be utilized in conjunction with this ordinance is as set forth in Ordinance No. 1656,EN dated May 11, 1989. The fee schedule is subject to change by future resolution of the Board of Commissioners of the Township of Abington."

F. Section 116.4, Violation Penalties, shall provide as follows:

116.4 Violation penalties: Any person who shall violate a provision of this Code or who shall fail to comply with any of the requirements thereof including applying for a permit or certificate or who shall use, erect, construct, alter, or repair a building in violation of an approved plan or a permit of certificate issued under the provisions of this Code shall be liable for fines and penalties not exceeding $1,000 for each and every offense and may be required to pay a reinspection fee in the amount equal to the fee charged for a permit. Such fines and penalties may be collected by suit or summary proceeding brought in the name of the Township of Abington before any District Justice or recovered as debts of a like amount are now by law recoverable. Proceedings for the violation of this Code and for the collection of fines and penalties imposed thereby may be commended by warrant or by summons, at this discretion of the District Justice before whom the proceedings is begun. All fines and penalties collected for the violation of this Code shall be paid over to the Township Treasury. Upon judgment against any person by summary conviction, or proceedings by summons on a default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the township lockup for a period not exceeding five days. Each day that a violation continues shall be deemed a separate offense.

G. Section 121.1 shall provide as follows:

121.1 Board of Appeals: An appeal from the decision of the Code Official may be taken to the Code Enforcement Committee of the Board of Commissioners. Such appeal shall be made in writing within 10 days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Township Secretary. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. A prompt decision of such appeal shall be made by the Code Enforcement Committee. In making the decision, the Code Enforcement Committee may vary or modify any provision of this Code where there are practical difficulties in the way of executing the strict letter of the law so that the spirit of the law shall be observed, public safety secured, and substantial justice done. Such variation or modification shall be the minimum necessary in order to grant relief. Every action of the Code Enforcement Committee on such appeals shall be by resolution, copies of which shall be certified by the Township Secretary and given to the Code Official and mailed to the appellant.

H. Sections 201.0 and 202.0: Definitions shall be as shown in the BOCA Basic Building Code/1996 Edition.

I. Section 421.2 shall provide as follows:

421.2 Definitions: Any such pool (swimming pool, pond, hot tub, spa) which is more than 12 inches in depth.

J. Section 421.4 shall provide as follows:

421.4 Locations: Private swimming pools, spas, hot tubs, ponds, etc., shall not encroach on any front yard required by this Code, or the governing Zoning Code, except by specific rules of the jurisdiction in which it may be located. All other measurements are controlled by the Abington Township Zoning Ordinance.EN

K. Section 421.9 shall provide as follows:

421.9 Swimming pool safety devices: Every person owning land on which there is situated a swimming pool, fish pond or other body of water which could contain 12 inches or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure, surrounding pool area sufficient to make such body of water inaccessible to small children. Such enclosure including gates therein must be not less than 4 feet above the underlying ground: all gates must be self-closing, self-latching, with latches placed 4 feet above the underlying ground or otherwise made inaccessible from the outside to small children.

(1) Wood pickets shall be 3/4 inch stock, 2 inches maximum space between pickets.

(2) Iron or aluminum pickets shall be not less than one inch square with a maximum of four inch spaces between. Horizontal supports shall have not less than 16 inches between.

(3) All wire fencing must be of the chain link type, minimum eleven gauge, 11/2 inches by 11/2 inches maximum openings. Wire fencing may be galvanized, plated or vinyl coated. Vinyl shall be minimum of two gauge in thickness.

(4) No natural barriers, pool covers or alternate devices will suffice for swimming pool enclosures.

(5) Solid type fencing enclosures shall not be of a greater height than six feet (one square foot for each 150 square feet of foundation space).

L. Section 602.0 shall provide as follows:

602.0 Construction requirements: All construction within areas of the township designated as "Town Commercial," "Special Commercial," "Planned Business," "Apartment-Office," "Community Service," "Mixed Use" and "Suburban Industrial" of the Zoning Ordinance of the Township of Abington, Ordinance No. 1753, as the same may be amended from time to time, shall conform to the requirements of Type 1, Protected (1A or 1B) or Type 2, Protected (1A or 1B) construction as set forth in Table 602. Type 3, Type 4 and Type 5 construction shall be prohibited within the aforesaid districts.

(1) Insert a new Section 602.1, which shall provide as follows: Fire separation walls constructed of noncombustible materials; (concrete, masonry block, steel stud and drywall) with a fire rating of a minimum of one hour are required as noted:

(a) Loading docks/mercantile space.

(b) Storage rooms/mercantile space or general use space.

(c) Wholesale or warehouse areas/office or mercantile space.

(d) Service bays/office areas and waiting rooms.

(e) Other conditions as may be noted by the Code Official.

M. Section 707.1 shall provide as follows:

707.1 Party Walls: Party walls between all units of residential use shall be of two-hour fire-resistive construction, which shall consist of eight-inch hollow concrete block or other approved masonry material of a two-hour fire-resistive rating. These walls shall be constructed in such manner that they will protrude a minimum of at least 12 inches above the finished roof. All roofs which slope at an angle of 30 or less shall be considered as flat roofs. All roof and/or wall projections must be constructed in such manner that they are not an integral part of the roof or wall and must be separated at each unit of residential use with a partition of at least two-hour fire-resistive rating.

707.1.2 Party walls with pitched roofs: Party walls between all units of residential use shall be of two-hour fire-resistive construction, which shall consist of eight-inch hollow concrete block or other approved masonry material of two-hour fire-resistive rating. These walls shall be constructed in such manner that they will protrude a minimum of at least eight inches above the finished roof. All roofs which slope at an angle in excess of 30 from the horizontal arc are to be considered as pitched roofs. All roof and/or wall projections must be constructed in such manner that they are not an integral part of the roof or wall and must be separated at each unit of residential use with a partition of at least two-hour fire-resistive rating.

N. Section 709.2 shall provide as follows:

709.2 Crawl Spaces: In buildings and structures constructed without basements, in which the first floor construction does not bear directly on the ground, a space shall be provided under the first floor not less than 36 inches in depth and shall be surfaced with not less than two inches of concrete; and such space shall be vented with screened openings having a clear area of not less than one square foot for each one hundred fifty square feet of foundation space or shall be provided with other means of ventilation approved by the Code Official. Openings shall be located as close to corners as practicable and shall provide cross ventilation on at least two approximately opposite sides. The openings shall be covered with corrosion-resistant mesh not less than 1/4 inch (six mm) nor more than 1/2 inch (13 mm) in any direction.

O. Section 1110.5 shall provide as follows:

1110.5 Approvals granted by the adoption of this Code does not preclude that applicants/owners must comply with the "Americans with Disabilities Act" requirements.

P. Section 1806.0 shall provide as follows:

1806.0 Footings:

1806.1 Unless the proper test and procedures are followed as prescribed within this article, the Code Official may prescribe whatever depth, width or thickness of footing and foundation that the Code Official may deem necessary, including but not limited to the use of reinforcing rods, wire mesh, cassions, sonotubes, etc.

1806.2 All footings shall be a minimum of three feet in depth unless otherwise directed or approved by the Code Official. Widths of footings with the type of foundation to be constructed: 20 inches in width for twelve-inch concrete block and 16 inches for eight-inch concrete block. Other changes may be permitted as site conditions warrant or at the discretion of the Code Official. A sump pump installed according to the Code Official's discretion, may be required.

Q. Section 3311.0 shall provide as follows:

3311.0 Retaining walls:

3311.1: When the adjoining grade is not higher than the legal level, the person causing an excavation to be made shall erect, when necessary, a retaining wall at his own expense and on his own land. Such wall shall be built to a height sufficient to retain the adjoining earth, shall be properly coped and shall be provided with a guardrail or fence not less than four feet in height.

3311.2: No fence, screening, wall or retaining wall shall be erected on or encroach within five feet of an established property line without first securing a building permit.

No permit for a fence, screening, wall or retaining wall shall be issued until satisfactory evidence is presented to the Building Inspector of a boundary survey with its corners properly marked by monuments or stakes placed under the direction of a registered engineer or land surveyor.

Walls built to retain or support the lateral pressure of earth, water or other superimposed loads, shall be designed and constructed of approved masonry, reinforced concrete, steel sheet piling or other approved materials within the allowable stresses of engineering practices, and subject to the approval of the Township Engineer and the Building Inspector and in conformance with the Township of Abington Subdivision Ordinance.EN

A retaining wall of approved construction, designed by a registered civil engineer or architect, shall be required for all permanent land fills or excavations which exceed three feet in height or depth along a property boundary line, unless, a 1:1 natural slope of the land can be maintained entirely within the boundaries of the excavated or filled property.

Retaining walls of less than three feet in height, erected entirely within the interior of a property and not encroaching within five feet of boundary line, will not require a permit.

3311.3 Fences:

3311.4 No fence, screening or wall except an open wire fence or a retaining wall shall be erected on any property and/or in any yard to a greater height than six feet unless authorized by a special exception by the Zoning Hearing Board after a public hearing.

3311.5 In any case where a fence or wall or screening is erected within five feet of a property line, satisfactory evidence must be presented to the Building Department of a boundary survey with its corners properly marked by monuments or stakes placed under the direction of a registered engineer or land surveyor, unless the boundary line in question can be easily established by the Building Official.

3311.6 Any fence, screening or wall installed within 10 feet of a front property line may be of a type or height which will create a vision obstruction for any motorist and must be removed or installed as the Building Official directs.

R. Section 1512.6 shall provide as follows:

1512.6 Existing roofs:

1512.6 The repair of existing roofs shall comply with the provisions of Section 103.0. When a wood shingle roof is replaced, it may be replaced with wood shingles. When a wood shingle roof is to be replaced with other than wood shingles, the wood shingles must be removed and the roof must be sheathed with not less than 1/2 inch plywood nailed according to the requirements of this code. Not more than two layers of asphalt shingles may be applied to any roof.

S. Section 2114.0 shall provide as follows:

2114.0 Fireplaces and chimneys:

2114.1 Scope: The provision of this article shall control the design, installation, maintenance, repair and approval of all chimneys, vents, fireplaces, wood stoves and connectors hereafter erected or altered in all buildings and structures.

2114.1.1 Other standards: Unless specifically provided herein, conformity to the applicable requirements for chimney construction and vents contained in the mechanical code listed in Appendix A shall be deemed to meet the requirements of this Code.

2114.1.2 Minor repairs: Minor repairs for the purpose of maintenance and upkeep which do not increase the capacity of the heating apparatus or appliances or which do not involve structural changes in the permanent chimney and vents of a building may be made without a permit.

2114.1.3 General: The structural plans and specifications shall describe in sufficient detail, the location, size and construction of all chimneys, vents and ducts and their connections to boilers, furnaces, appliances and fireplaces. The thickness and character of all insulation materials, clearances from walls, partitions and ceilings and proximity of heating devices and equipment to wall openings and exitways shall be clearly shown and described.

2114.1.4 Appliances: All appliances required to be vented shall be connected to a vent or chimney, except as provided in Section 1506.3 and as provided in the standards listed in Appendix A for special venting arrangements.

2114.1.5 Performance test and acceptance criteria.

2114.1.6 Tests: The Building Official may require test or tests of any chimney or vent to insure fire safety and the removal of smoke and products of combustion.

2114.1.7 Acceptance criteria: The system shall be accepted if the following conditions are fulfilled:

(1) There shall not be spillage at the draft hood when any one or combination of appliances connected to the system is in operation.

(2) Temperature on adjacent combustible surfaces shall not be raised more than limits acceptable to nationally recognized testing or inspection agencies.

(3) Condensation shall not be developed in a way that would cause deterioration of the vent or chimney drip from joints or bottom end of the vent or chimney.

(4) The draft reading taken at the place recommended in the installation instructions shall be within the range specified by the appliance manufacturer.

2114.1.8 Approved installations: Factory-built chimneys and gas vents which have been tested and listed by a nationally recognized testing or inspection agency shall be accepted as complying with the requirements of Item 2 of Section 1502.2 when installed in accordance with the clearance specified in their listing.

2114.1.9 Chimneys:

2114.1.10 Classification: Chimneys, as used in this article, shall be classified as:

(1) Factory-built chimneys;

(2) Masonry chimneys; and

(3) Metal chimneys (smokestacks).

2114.1.12 General: All heating appliances, except those appliances specifically exempted by the provisions of Section 1506.3, shall be connected to chimneys as specified in the chimney selection chart contained in the Mechanical Code listed in Appendix A. Only one solid-fuel-burning appliance shall be vented to any single passageway of a masonry chimney or a factory-built chimney. If a gas or oil appliance is presently connected to a chimney passageway, a solid-fuel-burning appliance shall not be connected.

2114.1.13 Extension: Factory-built chimneys, masonry chimneys and metal chimneys (smokestacks) connected to solid-fuel-burning fireplaces, stoves or heaters shall extend at least three feet above the point where it protrudes through the roof and at least two feet above any obstruction within a ten-foot radius of the chimney. Any factory-built chimney or approved metal chimney that extends more than five feet above a roof must be properly supported or guyed.

2114.1.14 Existing buildings:

2114.1.15 Raising existing chimneys: Whenever a building is hereafter erected, enlarged or increased in height so that a wall along an interior lot line, or within three feet thereof, extends above the top of an existing chimney or vent of an adjoining existing building, the owner of the building so erected, enlarged or increased in height shall carry up at his own expense, with the consent of the adjoining property owner, either independently, or in his own building, all chimneys connected to fuel burning appliances. Vents within six feet of any portion of the wall of such adjoining building shall be extended two feet above the roof or parapet of the adjoining building.

2114.1.16 Size of extended chimneys: The construction of an extended chimney shall conform to the requirements of this article for new chimneys, but the internal area of such extension shall not be less than that the existing chimney.

2114.1.17 Notice to adjoining owner: It shall be the duty of the owner of the building which is erected, enlarged or increased in height to notify, in writing, and to secure the consent of the owner of existing chimneys affected at least 10 days before the star.

2114.1.18 Existing chimneys: An existing chimney, except one which does not endanger the fire safety of a building or structure and is acceptable to the Building Official, shall not be continued in use unless it conforms to all requirements of this article for new chimneys.

2114.1.19 Cleanouts and maintenance: Whenever a new chimney is completed or an existing chimney is altered, it shall be cleaned and left smooth on the inside. If the chimney is constructed of masonry or tile,the interior mortar joints must be left smooth and flush. Cleanouts or other approved devices shall be provided at the base of all chimneys to enable the passageways to be maintained and cleaned.

2114.1.20 Vent Systems:

2114.1.21 Listed appliances: For the purpose of determining vent requirements, gas-fired and oil-fired appliances shall be classified as "listed" or "unlisted." A listed appliance is one that is shown in a list published by an accredited authoritative testing agency qualified and equipped for experimental testing of such appliances, and maintaining an adequate periodic inspection of current production of listed models and whose listing states either that the appliance or accessory complies with nationally recognized safety requirements or has been tested and found safe for use in a specific manner. Compliance may be determined by the presence of the appliances or accessory of a label of the testing agency stating that the appliance or accessory complies with nationally recognized safety requirements. An unlisted appliance or accessory is one that is not shown on such a list or does not bear such a label. In cases where an applicable standard has not been developed for a given class of appliance or accessory, approval of the authority having jurisdiction should be obtained before the appliance or accessory is installed.

2114.1.22 Appliances required to be vented: Appliances shall be connected to a listed venting system or provided with other means for exhausting the flue gases to the outside atmosphere in accordance with the venting system selection chart contained in the Mechanical Code listed in Appendix A.

2114.1.23 Exemption: Connections to vent systems shall not be required for appliances of such size or character that the absence of such connection does not constitute a hazard to the fire safety of the building or its occupants. The following appliances are not required to be vented unless so required by their listing:

(1) Listed gas ranges;

(2) Built-in domestic cooking units listed and marked as unvented units;

(3) Listed hot plates and listed laundry stoves;

(4) Listed domestic clothes dryers;

(5) Listed gas refrigerators;

(6) Counter appliances;

(7) Space (room) heaters listed for unvented use, only upon prior approval by the Building Official;

(8) Specialized equipment of limited input such as laboratory burners or gas lights; and

(9) Electric appliances.

When any or all of the appliances listed in items (5), (6) and (7) above are installed so that the aggregate input rating exceeds 30 British Thermal Units (BTU's) per hour per cubic foot of room or space in which they are installed, one or more of them shall be vent connected or provided with approved means for exhausting the vent gases to the outside atmosphere so that the aggregate input rating of the remaining unvented appliance does not exceed 30 BTU's per hour per cubic foot of room or space in which they are installed. Where the room or space in which they are installed is directly connected to another room or space by a doorway, arch, or other opening of comparable size, which cannot be closed, the volume of such adjacent room or space may be included in the calculations.

2114.1.24 Fireplaces and solid-fuel-burning appliances:

2114.1.25 General: Fireplaces, barbecues, smoke chambers, solid-fuel-burning appliances and fireplace chimneys shall be constructed of solid masonry, reinforced concrete or other approved materials and shall conform to the requirements of this section.

2114.1.26 Construction: Structural walls of fireplaces shall be at least eight inches thick. Where a lining of low-duty refractory brick (ASTM C64) or the equivalent, at least two inches thick laid in fire-clay mortar (ASTM C105, medium-duty) or its equivalent, or other approved lining is provided, the total thickness of back and sides, including the lining, shall be not less than eight inches. Where such lining is not provided, the thickness of the back and sides shall be not less than 12 inches. The firebox shall be 20 inches in depth and will be permitted to be open on all sides, provided that all fireplace openings are located within one room.

All factory-built fireplaces, freestanding fireplaces, suspended factory-built fireplaces, solid-fuel-burning radiant-type or circulating-type stoves or heaters, liquid or gas fuel heaters or stoves, or electrically heated stoves or heaters must be listed and approved by one or more of the following:

(1) Underwriters' Laboratories, Inc.

(2) Building Officials Code Administration.

(3) Southern Building Code Congress.

(4) International Conference of Building Officials.

(5) Factory Mutual Research Corp.

The installation of all heating units must be in accordance with the instructions and listing. Compliance may be determined by the presence of a label from the approval agency affixed on the appliance or accessory stating that the appliance or accessory complies with nationally recognized fire safety and requirements.

2114.1.27 Lining: Unlined masonry chimneys for use with airtight and high efficiency solid-fuel-burning stoves, heaters or fireplaces shall be prohibited.

2114.1.28 Existing masonry fireplace: Where a solid-fuel-burning appliance is intended for installation into an existing masonry fireplace with an unlined masonry chimney, an approved listed metal liner shall be installed into the existing unlined masonry chimney.

2114.1.29 Existing refractory-lined fireplace: Where a solid-fuel-burning appliance is intended for installation in front of an existing refractory-lined fireplace, the entire front of the fireplace must be completely sealed off with masonry or its equivalent. The opening for the solid-fuel-burning appliance connector shall penetrate the fireplace masonry chimney at a point above the fireplace and into the liner. A solid-fuel-burning appliance may be installed in front of an existing fireplace with a refractory-lined chimney, provided that a tight-fitting metal shield of at least twenty-four-gauge steel is installed into the fireplace below the fireplace damper. The opening cut into the metal shield shall not be larger than the stack of the solid-fuel-burning appliance. The metal stack shall extend into the fireplace to a point where the damper, when closed, will rest completely across the open end of the metal stack.

2114.1.30 Metal liners: Metal liners shall be provided with spark-arrester-type, screened metal flashing caps. The wire mesh openings in the flashing caps shall not exceed more than 5/8 inch or less than 5/16 inch.

2114.1.31 Distance: The distance between a masonry fireplace and combustibles shall be at least four inches, and such combustibles shall not be placed within six inches of a masonry fireplace opening. Wood facings or trim normally placed around the fireplace opening may be permitted when conforming to the requirements of this section. However, such facing or trim shall be furred out from the fireplace wall at least four inches and attached to noncombustible furring strips. The edges of such facings or trim shall be covered with a noncombustible material. Where the wall of the masonry fireplace are 12 inches thick, the facings or trim may be attached directly to the masonry fireplace.

Solid-fuel-burning freestanding fireplaces, factory-built fireplaces, suspended fireplaces, solid-fuel-burning radiant-heat-type stoves or heaters shall be installed at least 36 inches away from any combustible wall and ceiling. Solid-fuel-burning circulating-heat-type stoves or heaters shall be installed at least 12 inches away from any combustible wall or ceiling. The distance away from any combustible wall and ceiling may be reduced by the installation of one-fourth inch masonry or millboard, or twenty-eight-gauge sheet metal spaced out one inch from the combustible wall and ceiling as specified in the table below:

MINIMUM CLEARANCES FROM

COMBUSTIBLE WALLS AND CEILINGS

Stove Type

Radiant Circulating

Type of Protection (inches) (inches)

None 36 12

One-fourth-inch masonry or millboard, 18 6

spaced out 1 inch

Twenty-eight-gauge sheet metal, 12 4

spaced out 1 inch

Twenty-eight-gauge sheet metal 12 4

on one-eighth-inch masonry

or millboard, spaced out 1 inch

2114.1.32 Chimney connectors (stove pipes): The passage of an uninsulated chimney connector or stove pipe through a ceiling, floor or roof shall be prohibited.

The internal cross-sectional area of a chimney connector shall not be less than that of the flue collar of the solid-fuel- burning appliance.

The chimney connector shall be as short as possible with not more than two ninety-degree elbows or their equivalent.

The horizontal section of a chimney connector shall have a rise of at least 1/4 inch for each foot of horizontal pipe from the solid-fuel-burning appliance to the chimney.

The use of a Type B vent as a chimney connector or as a chimney in connection with a solid-fuel-burning appliance is prohibited.

All chimney connectors used with solid-fuel-burning appliances shall be constructed on corrosion-resistant steel with the following minimum diameters and gauge of steel:

Connector Diameter

(inches) Steel Gauge

10 or less 24

Over 10 but less than 14 22

Over 14 but less than 16 20

16 and over 16

The chimney connector for a solid-fuel-burning appliance shall be installed at least 18 inches away from any combustible wall and ceiling. The clearance from a combustible wall and ceiling may be reduced by the installation of a one-fourth inch millboard or twenty-eight-gauge sheet metal spaced out one inch from the combustible wall and ceiling as specified in the table below:

MINIMUM CLEARANCE

FROM COMBUSTIBLE WALLS AND CEILINGS

Stove Pipe

Type of Protection (inches)

None 18

One-fourth-inch masonry or 18

millboard nailed to wall

One-fourth-inch masonry or 12

millboard spaced out 1 inch

One-fourth-inch masonry or 12

millboard covered with twenty-gauge

sheet metal

Twenty-gauge sheet metal spaced 9

out 1 inch

Twenty-gauge sheet metal over one- 9

fourth-inch masonry or millboard

spaced out 1 inch

The following four methods shall be considered as acceptable for the passage of a chimney connector through a combustible wall:

(1) Use an Underwriters' Laboratories, Inc. listing all-fuel thimble extending through the wall with the wall hole four inches larger than the thimble diameter. The four-inch space between the thimble and the combustible wall shall be filled with a noncombustible insulation.

(2) Use a ventilated thimble that is at least three times larger in diameter than the chimney connector.

(3) Use a fire clay thimble surrounded by at least eight inches of masonry or other noncombustible material.

(4) Use no thimble, but remove all of the combustible wall within 18 inches on all sides of the chimney connector. The eighteen-inch opening shall be closed in with a noncombustible insulating material.

2114.1.33 Fire stopping: Combustible framing shall be trimmed not less than two inches away from all masonry chimneys and properly fire-stopped with a noncombustible material to prevent the free travel of heat, flame and smoke. When an approved, listed factory-built chimney passes through a floor, ceiling or roof, an approved, listed fire-stop spacer shall be installed to center the factory-built chimney and provide the proper clearance. The fire-stop spacer opening shall be tightfitting with the approved, listed factory-built chimney to prevent the free travel of heat, flame or smoke.

2114.1.34 Support: All masonry fireplaces shall be supported on foundations designed in conformity with Section 1006.0.

The installation of a solid-fuel-burning appliance over an unprotected combustible floor shall be prohibited. A combustible floor under a solid-fuel-burning appliance shall be protected by one of the following means:

(1) Approved stove boards on mats.

(2) Mortared slate, brick or stone.

(3) Slate, brick or stone placed on top of continuous noncombustible material.

The noncombustible protection over the combustible floor shall extend at least 18 inches beyond the front, rear or sides of the solid-fuel-burning appliance from which the ashes are removed. The noncombustible floor shall extend at least 12 inches beyond the sides, front or rear of the solid-fuel-burning appliance that is not used for the removal of ashes.

There shall be a continuous four-inch air space between the bottom of the solid-fuel-burning appliance and the protected floor.

2114.1.35 Screens: Screens or other approved protection shall be installed on all openings for all fireplaces and all other solid-fuel-burning appliances.

2114.1.36 Other types of fireplaces and solid-fuel-burning stoves and heaters:

Fireplaces, factory-built fireplaces and solid-fuel-burning stoves or heaters nonconforming to this code shall be prohibited.

An approved, listed solid-fuel-burning appliance which is also approved and listed to burn coal or its equivalent shall be provided with approved, listed flue liners, chimney connectors and grates.

2114.1.37 Solid or liquid waste: Burning of any solid or liquid waste in a fireplace, stove or heater shall be prohibited. When an approved, listed solid or liquid waste heating system is intended for installation, approval must be obtained from the Department of Environmental Resources prior to the installation of the system.

T. Section 2119.0 shall provide as follows:

2119.0 Incinerators:

2119.1.1 Mechanical Code: Incinerators of all types shall be installed in accordance with the applicable provisions of the Mechanical Code listed in the Appendix.

2119.1.2 Construction of metal ducts and vents:

2119.1.3 Mechanical code: All metal vents, ducts and duct systems required under the provisions of this article for heating systems and equipment, and under the provisions of Article 7 for ventilating and air-conditioning systems shall be constructed and installed in accordance with the requirements of the Mechanical Code listed in Appendix A.

2119.1.4 Construction of ducts: Ducts and plenums may be constructed of approved material constructed in accordance with the requirements of the Mechanical Code listed in Appendix A. Non-metallic ducts shall be constructed and installed in accordance with their approval and the applicable standards listed in Appendix A. Aluminum ducts shall not be used in equipment rooms with fuel-fired equipment, encased in or under concrete slabs on grade, for kitchen or fume exhausts or in systems where air entering the duct is over 250 F.

2119.1.5 Spark arrestors:

2119.1.6 Mechanical code: All chimneys, stacks and flues, including incinerator stacks, which emit sparks shall be provided with a spark arrestor conforming to the requirements of the Mechanical Code listed in Appendix A.

U. Section 3500.0 shall provide as follows:

3500.0 Referenced standards:

3500.1 Zoning Law: In no event shall the provisions of this article be deemed to authorize construction in violation of the requirements of Ordinance No. 1753, as amended, the Township of Abington Zoning Ordinance.EN Should the provisions of the Zoning Ordinance be more restrictive than those of this article, it shall control. Should the provisions of this article be more restrictive than those of the Zoning Ordinance, this article shall control.

V. Section 2200.0 shall provide as follows:

2200.1 Scope: The design and installation of plumbing systems, including sanitary and storm drainage facilities, water supplies and stormwater and sewage disposal in buildings shall comply with the requirements of this article and the Township of Abington Plumbing Code, Chapter 121 of the Code of the Township of Abington.

W. Section 2201.1 shall provide as follows:

2201.1 When required: Prior to the issuance of any permit, plumbing plans and specifications for the installation, alteration or addition to the plumbing system of any building, structure or premises shall be submitted to the Township of Abington, Department of Code Enforcement, Plumbing Division, in accordance with the Requirements of Chapter 121 of the Code of the Township of Abington.

X. Section 3500.2: Delete entire Chapter 29.

Y. Section 3500.3. shall provide as follows:

3500.3 Scope: The design and installation of plumbing systems, including sanitary and storm drainage facilities, water supplies and stormwater and sewage disposal in buildings shall comply with requirements of the Township of Abington Plumbing Code, Chapter 121 of the Code of the Township of Abington.

Z. Section 3500.4 shall provide as follows:

3500.4 Plans required: Prior to the issuance of any permit, plumbing plans and specifications for the installation, alteration or addition to the plumbing system of any building, structure or premises shall be submitted to the Township of Abington Department of Code. Enforcement (Plumbing Division) in accordance with the requirements of Chapter 121 of the Code of the Township of Abington.

AA. Section 3500.5 shall provide as follows:

3500.5 By reference, this ordinance adopting the BOCA Basic Building Code/1996, Thirteenth Edition, also references and adopts the BOCA Basic Fire Prevention Code/1996.

BB. Section 3500.6 shall provide as follows:

3500.6 By reference, this ordinance adopting the BOCA Basic Building Code/1996, Thirteenth Edition, also references and adopts the Township of Abington Electrical Ordinance (Ordinance No. 1480).

CC. Section 3500.7 shall provide as follows:

3500.7 By reference, this ordinance adopting the BOCA Basic Building Code/1996, Thirteenth Edition, also references and adopts the BOCA Mechanical Code/1996 Edition.

62-3. (Reserved)

ARTICLE II, Dangerous Buildings [Adopted 7-13-1989 by Ord. No. 1661]

62-4. Definitions.

As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

BUILDING -- A structure resting on its own foundation.

DANGEROUS BUILDING -- All buildings, dwellings or dwelling units which have any or all of the following defects shall be deemed a "dangerous building" and constitute a threat to the health, safety or welfare of the public:

A. Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

B. Those which, exclusive of the foundation, show damage or deterioration to 33% of the supporting member or members or damage or deterioration to 50% of the nonsupporting enclosing or outside walls or covering.

C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength so as to be structurally safe for the purposed use.

D. Those which have been damaged by fire, wind or other causes so as to be dangerous to life, safety or the general welfare of the occupants or the public.

E. Those which are so damaged, dilapidated, decayed, unsafe, unsanitary or vermin-infested so as to be unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, safety or general welfare of those living therein.

F. Those which have parts thereof which are so attached that they may fall and injure property or members of the public.

G. Those which lack illumination, ventilation or sanitation facilities or because of another condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the occupants or the public.

H. Those which, because of their locations, are unsanitary or otherwise dangerous to the health, safety or welfare of the occupants or the public.

I. Those existing in violation of any provision of the Building Code, Fire Prevention Code or other ordinances of the Township of Abington or which by reason of an illegal use or occupancy shall be deemed dangerous to life and health.

DWELLING -- Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.

DWELLING UNIT -- Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants. Whenever the words "dwelling" or "dwelling unit" are used in this article, they shall be construed as though they were followed by the words "or any part thereof."

OWNER -- A person who, alone or jointly or severally with others, shall have legal title to any dwelling, dwelling unit or structure as owner or agent of the owner or as executor, executrix, administrator, administratrix or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and, with rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

PERSON -- Any individual, firm, corporation, association or partnership or other legal entity.

62-5. Declaration of nuisance.

All dangerous buildings within the terms of 62-4 of this article are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.

62-6. Guidelines for repair, vacation or demolition.

The following guidelines shall be followed by the Code Enforcement Officer of the Township of Abington in ordering repair, vacation or demolition:

A. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered to be repaired.

B. If the dangerous building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants and is so placarded, it shall be ordered to be vacated within such length of time, not exceeding 30 days, as is reasonable.

C. No dwelling or dwelling unit which has been placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the Code Enforcement Officer. The Code Enforcement Officer shall remove such placard whenever the defect or defects upon which the placarding action was based have been corrected so as to comply with the requirements of the Code of the Township of Abington.

D. If a dangerous building is 50% or more damaged or decayed or deteriorated from its original condition so as to be structurally unsound or if a dangerous building cannot be repaired so that it will no longer exist in violation of the terms of this chapter or any ordinance of the Township of Abington or statute of the Commonwealth of Pennsylvania and is in impending danger of collapse, it shall be ordered to be demolished.

62-7. Duties of Enforcement Officer.

A. The Code Enforcement Officer shall inspect on a regular basis dwellings and buildings to determine whether any conditions exist which render such premises as dangerous buildings within the terms of 62-4 above.

B. Whenever an inspection discloses that a building is dangerous and thus has become a public nuisance, the Code Enforcement Officer shall issue a written notice to the owner, agent of the owner or occupant of such dwelling or building. The notice:

(1) Shall be in writing.

(2) Shall include a statement of the reasons it is being issued.

(3) Shall state a reasonable time to rectify the conditions constituting the nuisance or to remove and demolish the building.

(4) May contain an outline of the remedial action required on the dwelling or building.

(5) Shall state that all work to be performed on the building shall be in conformance with the requirements of the Code of the Township of Abington.

(6) Shall state that failure to rectify the conditions constituting the nuisance within the time specified shall constitute a violation of this article and shall enable the Township of Abington to take the necessary remedial action of repair, removal or demolition and collect the cost of such action from the owner, agent of the owner or occupant of the dangerous building as provided by law for the recovery of municipal claims.

(7) Shall be served upon the owner, agent of owner or occupant.

(a) Except in emergency cases, all notices shall be deemed to be properly served upon the owner if a copy thereof is served upon that person individually or sent by registered mail to the last known address and if a copy thereof is posted in a conspicuous place in or about the dwelling or building affected by the notice.

(b) Except in emergency cases, when the owner, agent of the owner or occupant is absent from the Township of Abington, all notices or orders provided for herein shall be sent by registered mail to the owner, agent of the owner and occupant, as shown by the records of the County Recorder of Deeds, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous dwelling or building to which it relates. Such mailing and posting shall be deemed adequate service.

C. The Code Enforcement Officer shall appear at all hearings conducted by the Code Enforcement Committee and testify as to the condition of dangerous buildings.

62-8. Hearings.

A. The owner, agent of the owner or occupant of a dangerous building served with notice in connection with the enforcement of any provision of this article may request and shall be granted a hearing on the matter before the Code Enforcement Committee, provided that such person shall file with the Code Enforcement Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served or posted. Upon receipt of such petition, the Code Enforcement Officer 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 should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed.

B. After such hearing, the Code Enforcement Committee shall sustain, modify or withdraw the notice. If the Code Enforcement Committee sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed with the Code Enforcement Officer within 10 days after such notice is served.

62-9. Removal of notice prohibited.

No person shall remove or deface the posted notice of a dangerous dwelling or building.

62-10. Emergency cases.

Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Code Enforcement Officer shall be afforded a hearing with the Code Enforcement Committee as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this article have been complied with, the Code Enforcement Officer shall continue such order in effect or modify or revoke it. The costs of any emergency repair, vacation or demolition of a dangerous building shall be collected in the same manner as provided herein for the other cases.

62-11. Abatement by township.

Should the owner, agent of the owner or occupant of a dangerous dwelling or building fail to comply with an order of the Code Enforcement Officer within 30 days of service of the notice issued by the Code Enforcement Officer, the Code Enforcement Officer shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided. The Township of Abington may collect the cost of such repair, vacation or demolition, including interest as provided by law for the recovery of municipal claims.

62-12. Recovery of costs.

A. Upon completion by the Township of Abington of all work necessary to repair, vacate or demolish any dangerous building, the Township shall send a bill of assessment to the registered owner, agent of the owner or occupant at the last known address setting forth the date of original notice to the owner advising him of the dangerous condition of the building, the kind and character of the work performed, the date of completion of the work by the township and the cost incurred by the township.

B. The Board shall notify the registered owner of the property that he or she must pay the assessment amount within 30 days after the mailing of the bill of assessment and that failure to make such payment will require the township to file a municipal lien upon the property of the delinquent owner and to proceed to execute upon such lien with notice to the owner and lien creditors as may be required by law.

62-13. Violations and penalties.

Any person who shall violate any provision of this article shall be subject to enforcement proceedings before the District Justice as set forth in the Pennsylvania Municipalities Planning Code. Any person found to be in violation of the provision of this article shall be liable to pay a judgment not to exceed $500, plus court costs, including reasonable attorney's fees incurred by the Township of Abington. Each day that a violation continues shall constitute a separate violation.

ARTICLE III, CABO One and Two Family Dwelling Code [Adopted 4-11-1996 by Ord. No. 1761]

62-14. Adoption of standards.

The Board of Commissioners of the Township of Abington does hereby enact and ordain by adoption the CABO One and Two Family Dwelling Code/1992 Edition, as published by the Council of American Building Officials and the whole thereof, except such portions that are deleted, modified, amended or added by this chapter, which is on file in the office of the Secretary of the Township of Abington. The same is hereby adopted and incorporated as fully as if set out at length herein, and, from the date on which this chapter takes effect, the provisions thereof shall be controlling within the limits of the Township of Abington.

62-15. Amendments to standards.

The CABO One and Two Family Dwelling Code/1992 Edition, is amended as noted:

A. Section R-106.3, Penalty, shall read as follows:

R-106.3 Penalty: Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor and, upon conviction for any such violation, shall pay a fine of not more than $1,000 or be imprisoned for not more than 30 days, or both. Each day or portion thereof that the violation continues shall constitute a separate violation and shall bear a like penalty.

B. Appendix B: In place of Tables, insert Span Chart.