CHAPTER 4 BUILDINGS PART 1 DANGEROUS STRUCTURES PART 2 NUMBERING OF BUILDINGS PART 3 OCCUPANCY OF BUILDINGS

Transcription

1 CHAPTER 4 BUILDINGS PART 1 DANGEROUS STRUCTURES Definitions - Dangerous Buildings Standards for Repair, Vacation or Demolition Dangerous Buildings - Nuisances Duties of Building Inspector Duties of Borough Council Violations - Penalties Duties of Borough Solicitor Emergency Cases Where Owner Absent from the Borough Administrative Liability Duties of the Fire Department Duties of Police Department Modifications PART 2 NUMBERING OF BUILDINGS Building Numbering System Adopted Numbering System Duties of Borough Engineer Owner to Affix Number Penalties PART 3 OCCUPANCY OF BUILDINGS Permit Required for Occupancy or Vacancy Exceptions Issuance of Permit; Fees Building Inspector to Inspect Premises Sewer Charges to be Paid Unlawful to Occupy or Vacate Building Without Permit Penalties 4-1

2 PART 4 BUILDING PERMITS Definitions Application and Permit Conditions Effect of this Part 4-2

3 (CH. 4, Part 1, 4-101) PART 1 DANGEROUS STRUCTURES Definitions - Dangerous Buildings. All buildings or structures which have any or all of the following defects shall be deemed dangerous buildings : 1. 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. 2. Those which, exclusive of the foundations, show thirty-three percent (33%) or more, of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering. 3. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. 4. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the Borough of Wilmerding. 5. Those which have become or are so dilapidated, decayed, unsafe, or which so utterly fail to provided the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. 6. Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein. 7. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication. 8. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. 9. Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this Borough. 4-3

4 BUILDINGS 10. Those buildings existing in violation of any provision of the Building Code of this Borough or in violation of the fire prevention code, or other ordinances of this Borough. (Ord. 805, 7/10/1979, 1) Standards for Repair, Vacation or Demolition. The following standards shall be followed in substance by the Building Inspector or assistants specially designated thereto, and the Borough Council in ordering repair, vacation, or demolition: 1. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this Part 1, it shall be ordered repaired. 2. If the dangerous building is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated. 3. In any case where a dangerous building is fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this ordinance, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this ordinance or any ordinance of the Borough or Statute of the Commonwealth of Pennsylvania, it shall be demolished. (Ord. 805, 7/10/1979, 2) Dangerous Buildings - Nuisances. All dangerous buildings within the terms of 101 of this Part 1 are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided. (Ord. 805, 7/10/1979, 3) Duties of Building Inspector. The Building Inspector or assistants specially designated thereto, shall: 1. Inspect or cause to be inspected annually, all public buildings, schools halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of 101 of this Part

5 (CH. 4, Part 1, 4-104) 2. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building wall or structure is or may be existing in violation of this Part Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Department of this Borough as probably existing in violation of the terms of this Part Inspect buildings in any ward of this Borough to determine whether they are dangerous buildings within the terms of 101 of this Part Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having interest in said building as shown by the Recorder of Deeds of the County of Allegheny of any building found by him to be a dangerous building within the standards set forth in 101 of this Part 1 that: (1) The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this Part 1; (2) The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; (3) The mortgagee, agent, or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Allegheny, may at his own risk repair, vacate, or demolish said building or have such work or act done; Provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein. 6. Set forth in the notice provided for in subsection 5 hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which made the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this ordinance within such length of time, not exceeding thirty (30) days, as is reasonable. 7. Report to the Borough Council any non-compliance with the notice provided for in subsection 5 and 6 hereof. 8. Appear at all hearings conducted by the Borough Council, and testify as to the condition of dangerous buildings. 9. Place a notice on all dangerous buildings reading as follows: This building has been found to be a dangerous building by the Building Inspector, or assistants specially designated thereto. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said 4-5

6 BUILDINGS building as shown by the land records of the Recorder of Deeds of the County of Allegheny. It is unlawful to remove this notice until such is complied with. (Ord. 805, 7/10/1979, 4) Duties of Borough Council. The Borough Council shall: 1. Upon receipt of a report of the Building Inspector, or assistants specially designated thereto, as provided for in 104, subsection 7 hereof, give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Allegheny County, to appear before Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector s notice provided for herein in 104, subsection Hold a hearing and hear such testimony as the Building Inspector, or assistants specially assigned thereto, the owner, occupant, mortgagee, lessee, or any other person having an interest in said building, as shown by the land records of the Recorder of Deeds of the County of Allegheny, shall offer relative to the dangerous buildings. 3. Make written findings of fact from the testimony offered pursuant to subsection 2 as to whether or not the building in question is a dangerous building within the terms of 101 hereof. 4. Issue an order based upon findings of fact made pursuant to subsection 3 commanding the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Allegheny County, to repair, vacate, or demolish any building found to be a dangerous building within the terms of this ordinance and provided that any person so notified, except the owners, shall have the privilege either of vacating or repairing said dangerous building ; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the Reorder of Deeds of the County of Allegheny may demolish said dangerous building at his own risk to prevent the acquiring of a lien by the Borough against the land upon which said dangerous building stands, as provided in subsection 5 hereof. 5. If the owner, occupant, mortgagee, or lessee, with the order provided for in subsection (4) hereof, within ten (10) days, the Borough Council shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinabove provided for in 102 of this Part 1, and shall, with the assistance of the Borough Solicitor, cause the cost of such repair, vacation or demolition to be charged against the land on 4-6

7 (CH. 4, Part 1, 4-107) which the building existed as a municipal lien, or to be recovered in a suit at law against the owner; Provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of this Borough, the Borough Council shall notify the Borough Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building. 6. Report to the Borough Solicitor the names of all persons not complying with the order provided for in 105 subsection 4 thereof. (Ord. 805, 7/10/1979 5) Violations - Penalties. The owner, occupant or lessee in possession of any building who shall fail to comply with any Notice or Order to repair, vacate or demolish any such dangerous building, given by any person authorized by this Part 1 to give such notice or order, or who violates any of the provisions of this Part 1, or any regulation issued thereunder, shall upon conviction be subject to a fine not exceeding six hundred dollars ($600.00) and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed thirty (30) days. Each day that a violation of this Part continues shall constitute a separate offense. The provisions for penalties contained in this Part 1 are in addition to any other remedies provided by this Part 1. (Ord. 805, 7/10/1979, 6; as amended by Ord. 899, 11/14/1989) Duties of the Borough Solicitor. The Borough Solicitor shall: 1. Prosecute all persons failing to comply with the terms of the notices provided for herein in, subsections 5 and 6 and the order provided for in, subsection (4). 2. Appear at all hearings before Borough Council in regard to dangerous buildings. 3. Bring suit to collect all municipal liens, assessments, or costs incurred by the Borough Council in repairing, or causing to be vacated or demolished, dangerous buildings. 4. Take such other legal action as is necessary to carry out the terms and provisions of this Part 1. (Ord. 805, 7/10/1979 7) 4-7

8 BUILDINGS Emergency Cases. In cases where it reasonably appears that there is immediate danger to life or safety or any person unless a dangerous building as defined herein, is immediately repaired, vacated, or demolished, the Building Inspector, or assistants specially designated thereto, shall report such facts to the Borough Council, and the Borough Council shall cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous buildings shall be collected in the same manner as provided in 105, subsection 5 hereof. (Ord. 805, 7/10/1979, 8) Where Owner Absent from the Borough. In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the Borough, all notices or orders provided for herein shall be sent by certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown on the land records of the Recorder of Deeds of the County of Allegheny, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service. Where desirable, the notices and orders provided for herein may be served in the same manner a summons is served in the courts of general jurisdiction. (Ord. 805, 7/10/1979, 9) Administrative Liability. No officer, agent or employee of the Borough of Wilmerding shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Part 1. Any suit brought against any officer, agent or employee of the Borough of Wilmerding as a result of any act required or permitted in the discharge of his duties under this Part 1 shall be defended by the Borough Solicitor until the final determination of the proceedings therein. (Ord. 805, 7/10/1979, 10) Duties of the Fire Department. The employees of the Fire Department of the Borough shall make a report in writing to the Building Inspector of all buildings or structures which are, may be, or are suspected to be dangerous buildings within the terms of this Part 1. Such reports must be delivered to the Building Inspector within twenty-four (24) hours of the discovery of such buildings by any employee of the said Borough Fire Department. (Ord. 805, 7/10/1979, 11) 4-8

9 (CH. 4, Part 1, 4-113) Duties of Police Department. All employees of the Police Department shall make a report in writing to the Building Inspector of any buildings or structures which are, may be, or are suspected to be dangerous buildings within the terms of this Part 1. Such reports must be delivered to the Building Inspector within twenty-four (24) hours of the discovery of such buildings by any employee of the Police Department. (Ord. 805, 7/10/1979, 12) Modifications. Except as modified by this Part 1, all provisions of all other ordinances of the Borough of Wilmerding shall remain in full force and effect without alteration. (Ord. 805, 7/10/1979, 13) 4-9

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11 (CH. 4, Part 2, 4-201) PART 2 NUMBERING OF BUILDINGS Building Numbering System Adopted. The Borough Engineer be, and he is hereby authorized and instructed to prepare within thirty (30) days from the passage of this Part 2, plans for the numbering of the houses on the several streets, avenue, etc., of the Borough, in such manner as to procure uniformity in the numbering thereof. (Ord. 129, 2/5/1902, 1) Numbering System. In the preparation of said plan the numbers shall conform as far as practicable with the following plan; i.e., the initial or starting point on all streets, etc. running in a northerly and southerly direction shall be at the extremity of such streets, etc. nearest to Turtle Creek, allowing one hundred (100) numbers to the square, and commencing with an even hundred at the commencement of each square as aforesaid, in all respects adhering to the decimal system of enumeration. On all streets, etc., running in an easterly and westerly direction the numbers shall commerce at the eastern extremity thereof, increasing thence westwardly and allowing one hundred numbers to each square as aforesaid. (Ord. 129, 2/5/1902, 2) Duties of Borough Engineer. It shall be the duty of the Borough Engineer to furnish each house-holder, owner or occupant of any house, a certificate of the correct number of said house, and he shall immediately, upon the completion of said plan, deliver a copy thereof to the Borough Clerk, who shall thereupon give notice of the same by publication in the official paper of the Borough. (Ord. 129, 2/5/1902, 3) Owner to Affix Number. It shall be the duty of the owner or occupant of each house abutting on said streets, etc., within ninety (90) days from the publication of said plan as aforesaid, to affix the number of said house thereto, using metal or porcelain numbers of not less than three and one-half inches (3 and 1/2 ) in height, or by painting same on transom of such house. When any new building is erected within the limits of the Borough, it shall be 4-11

12 BUILDINGS the duty of the owner thereof to affix the proper number thereto as aforesaid, within sixty (60) days after the completion of same. (Ord. 129, 2/5/1902, 4) Penalties. Any person, firm or corporation who shall violate any provision of this Part 2 shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.00) and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed thirty (30) days. Each day that a violation of this Part continues shall constitute a separate offense. (Ord. 129, 2/5/1902, 3; as amended by Ord. 899, 11/14/1989) 4-12

13 (CH. 4, Part 3, 4-301) PART 3 OCCUPANCY OF BUILDINGS Permit Required for Occupancy or Vacancy. No person or persons, firm or corporation, owning, controlling or causing occupancy, shall occupy or allow another to occupy any building or part of a building within the Borough of Wilmerding, nor shall any person or persons, firm or corporation, owning, controlling or causing vacancy, vacate or allow another to vacate any building or part of a building within the Borough of Wilmerding without first securing from the Building Inspector of the Borough of Wilmerding a permit of occupancy or a permit of vacancy, as the case may be, for occupying or vacating any building or portion thereof. (Ord. 737, 7/8/1968; as amended by Ord. 825, 1/11/1983) Exceptions. The provisions of 301 shall not apply to the occupancy or vacation of rooms, suites, or other portions of motels, hotels, rooming houses, or the like, wherein rooms are rented on a daily basis to non-residents of the Borough of Wilmerding. (Ord. 737, 7/8/1968, 2) Issuance of Permit; Fees. Occupancy or Vacancy Permits shall be issued by the Building Inspector of the Borough of Wilmerding upon proper application by the person, persons, firm or corporation owning, controlling or causing occupancy or vacancy, desiring to occupy, allowing occupancy, desiring to vacate, or allowing vacating of, any building, or portion thereof, within the Borough of Wilmerding. Each application for an occupancy or vacancy permit shall be accompanied by a check, cash, or money order in the amount described hereinafter: 1. Commercial business places shall pay the sum of twenty-five dollars ($25.00), as long as the inspection is of a routine nature. If the inspection requires a complex procedure, or excessive time, the applicant shall bear the cost of such inspection. 2. Rental dwelling units shall pay the sum of ten dollars ($10.00), as long as the inspection is of a routine nature. If the inspection requires a complex procedure or excessive time, the applicant shall bear the cost of such inspection. However, the cost of such inspection shall not exceed twenty-five dollars ($25.00) per inspection. For the purpose of this Part 3, the first revisit of the inspector shall be deemed to be part of the original inspection. Thereafter, if the applicant fails to comply with the regulations, the second revisit by the inspector shall be deemed to be a new inspection and subject to additional fees as described above. 4-13

14 BUILDINGS There shall be no charge for residential uses of a single family dwelling. Also, there shall be no change if a residential dwelling owner leases or rents up to two (2) units within the same structure as long as the owner resides within this residential dwelling. Hereinafter, from time to time, the Borough of Wilmerding may change said rules, fees or costs, and establish new rules, fees or costs by resolution. (Ord. 737, 7/8/1968, 3; as amended by Ord. 825, 1/11/1983) Building Inspector to Inspect Premises. Before issuing any occupancy or vacancy permits, as the case may be, the Building Inspector shall physically inspect the premises intending to be occupied, or to be vacated, to determine that the premises are in a safe and habitable condition and to determine that it may be safely occupied by the person or persons applying for occupancy, considering the nature of the use intended. When inspecting the premises upon vacation of the premises by an applicant, the Building Inspector shall determine that when vacated, the premises shall not create any hazard to the health, safety, and/or morals of the occupants of buildings adjoining thereto. (Ord. 737, 7/8/1968, 4) Sewer Charges to be Paid. Before issuing an occupancy permit or vacancy permit, as the case may be the Building Inspector shall check the records of the Borough of Wilmerding and the Sewage Authority to determine that the sewage charges for the premises to be occupied or vacated have been paid. In the event that these charges have not been paid, no occupancy permit or vacancy permit shall be issued until such time as a bond in the amount of the charges shall have been posted by the person, firm or corporation requesting said occupancy permit or said vacancy permit. (Ord. 737, 7/8/1968, 5) Unlawful to Occupy or Vacate Building Without Permit. It shall be a violation of this Part 3 for any person, persons, firm or corporation owning any building or part thereof, controlling or causing occupancy or vacancy of any building or portion thereof, within the Borough of Wilmerding to move into and occupy or allow to move into or occupy, or to move out of and vacate, or to allow anyone to move out of and vacate, any building or part thereof in the Borough of Wilmerding without having first secured an occupancy or vacancy permit, as the case may be. From the date of the enactment of this Part 3, it shall be a violation hereof for any person or persons, firm or corporation, who have moved into or who have allowed another to move into any building or part thereof without having applied for an occupancy permit and 4-14

15 (CH. 4, Part 3, 4-307) each day of occupancy without a permit shall be considered a separate offense and shall be punishable by the provisions of this Part 3. (Ord. 737, 7/8/1968, 6; as amended by Ord. 825, 1/11/1983) Penalties. Any person, firm or corporation who shall violate any provision of this Part 3 shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.00) and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed thirty (30) days. Each day that a violation of this Part continues shall constitute a separate offense. (Ord. 737, 7/8/1968, 7; as amended by Ord. 899, 11/14/1989) 4-15

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17 (CH. 4, Part 4, 4-401) PART 4 BUILDING PERMITS Definitions. 1. As used in this Part, the words buildings, structures or devices, shall mean anything constructed or erected with a fixed location on or in the ground including, but not limited to, dwellings, offices, places of assembly, mobile homes, signs, walls, fences or any other improvements to real estate. 2. As used in this Part, the word person, shall mean all natural persons, partnerships, associations, firms, corporations or any other entity. 3. As used in this Part, the words building permit, shall mean a permit issued by the Borough of Wilmerding, Building Inspector, after application by any person, for the construction, erection, maintenance, operation or repair of any building, structure or device. (Ord. 891, 3/21/1989, 1) Application and Permit Conditions. 1. Any person who desires to construct, erect, maintain, operate or repair any building, structure or device located within the territorial boundaries of the Borough of Wilmerding shall first make application to the Building Inspector of the Borough of Wilmerding for a building permit. 2. Said application shall be in the form prescribed by this Part marked as Exhibit A attached hereto and incorporated herein by reference [review of this document can be made at the Borough Offices of the Borough of Wilmerding]. 3. Applications for a building permit shall be accompanied by a fee payable to the Borough of Wilmerding, based on the estimated cost of the proposed construction as determined by the Borough of Wilmerding Building Inspector at the following rates: Estimated Cost Fee $ $1, $20.00 Each additional $1, or part thereof beyond the first $1, $ The Building Inspector of the Borough of Wilmerding shall charge the Borough of Wilmerding the following fees, which shall be charged to the applicant for permit review: 4-17

18 BUILDINGS A. Building simple permit for minor work, $5.00. B. Construction of single-family dwelling, $ C. Construction of two-family dwelling, $ D. Construction of multi-family per unit, $ E. Commercial construction per application, $ F. Industrial construction per application, $ Any person aggrieved by the Borough of Wilmerding Building Inspector s estimate of the cost of the proposed construction may appeal to the Borough Council, the Borough of Wilmerding. Such appeal must be filed in writing within thirty (30) days after the determination by the Borough of Wilmerding Building Inspector. Upon receipt of such appeal the Borough Council of the Borough of Wilmerding shall set a time and place not less than ten (10) nor more than thirty (30) 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. The determination of the estimate shall be final in all cases. 6. Within ninety (90) days after the application is submitted, the Building Inspector of the Borough of Wilmerding shall render a decision either approving or disapproving the application for a permit. A. If the Building Inspector of the Borough of Wilmerding approves the application for a building permit, the following conditions shall apply: (1) Work shall commence on the project completed by the building permit no later than thirty (30) days after the date of issuance of the building permit. (2) Work on the project shall be completed within six (6) months of the date of issuance of the building permit. (3) Should the work not be completed within the six (6) month period, the permittee may then request of Borough Council of the Borough of Wilmerding an additional six (6) month period; Borough Council may grant the six (6) month extension once the permittee has proven to the satisfaction of the Borough Council that he or she, the permittee, is still working on the project. (4) Failure of a permittee to begin work within thirty (30) days of the issuance or complete work within six (6) or twelve (12) months of the issuance of the permit, would constitute revocation of the building permit. Any further work can only be done on the property with the issuance of a new building permit. No application fee will be refunded or applied toward any future building permit. No application fee will be refunded or applied toward any future building permit. 4-18

19 (CH. 4, Part 4, 4-403) (5) Any person who works on the property without a building permit is subject to a fine not to exceed three hundred dollars ($300.00). Each day work is done without a permit shall constitute another separation violation. B. If the Building Inspector of the Borough of Wilmerding disapproves the application, said disapproval shall be issued within ninety (90) days of the application for the building permit and shall contain the following: (1) A brief explanation setting forth the reasons for disapproval; and, (2) The manner in which the application can be corrected and/or modified to obtain approval. C. If no decision is rendered on the application within ninety (90) days of the submission of the application for a building permit to the Building Inspector of the Borough of Wilmerding, then the application shall be deemed approved with the same conditions attached as if the Building Inspector of the Borough of Wilmerding had approved the application for the building permit originally. (Ord. 901, 12/6/1989, 2) Effect of this Part. Effective date of this Part shall be the date passed by Council in accordance with the provisions of the Borough Code. As of the effective date of this Part, all existing building permits which have been issued prior to the effective date of this Part, shall be considered as if those permits were granted on the effective date of this Part. Therefore, all work on any existing building permit shall be completed within a six (6) month period of the effective date of this Part. (Ord. 901, 12/6/1989, 3) 4-19

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