Township of South Strabane, PA Article I Building Construction

[Adopted 5-27-1997 by Ord. No. 5-1997; amended in its entirety 2-22-2000 by Ord. No. 2-2000]

§ 95-1 Adoption of standards.

The Township hereby adopts the BOCA National Building Code, 1999 Edition, as published by the Building Officials and Code Administrators International, Inc., save and except such portions as are hereinafter deleted, modified, or amended, and the same are hereby adopted and incorporated as fully as if set out at length herein, generally providing for the control of building structures as herein provided. From the date on which this article shall take effect, the provisions thereof shall be controlling within the Township.

§ 95-2 Applicability to single-family dwelling units.

It is specifically noted that this article and the provisions of the 1999 BOCA National Building Code, herein adopted, and its incorporation of the 1998 International One- and Two-Family Dwelling Code shall apply to single-family dwelling units, as the same are described or defined in Chapter 245, Zoning, of the Code of the Township of South Strabane and the BOCA National Building Code.

§ 95-3 Amendments and revisions.

The following sections of the 1999 BOCA National Building Code are revised as follows:

A. Section 107.6, Site plan, to include the following:

Upon request by the Board of Supervisors, a final or as-built survey shall be submitted to the Township, at a cost borne by the applicant.

B. Section 114.1, General, to include the following:

Notwithstanding the above, the Board of Supervisors reserves the right and discretion to waive the requirement that documents be prepared, signed and sealed by a registered design professional.

C. Section 112.3.1, Fee schedule.[1]

A fee for each plan examination, building permit and inspection shall be paid in accordance with the fee schedule attached hereto, made a part hereof, and identified as "fee schedule." From time to time, within the discretion and proper jurisdiction of the Board of Supervisors of South Strabane Township, said fee schedule may be amended by resolution of the Board of Supervisors.

[1] Editor's Note: The fee schedule is on file in the Township offices.

D. Section 116.4, Violation penalties.[2]

Any person who shall violate a provision of this code, and thus this article, 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 under the provisions of this code shall be punishable as provided in § 1-2, Summary proceedings, of the Code of the Township of South Strabane.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Section 121.0, Means of Appeal.

	1.21.1.	Every applicant, owner of the premises or other party in interest, as applicable, shall have the right to demand, in writing, a hearing before the Board of Supervisors of South Strabane Township, the purpose of which is to contest any decision or order made by the Code Official. Such demand for a hearing shall be so made by the contesting party within 10 days of the denial of the permit or of said decision or order of the Code Official and shall specifically identify the portions of the decision or order being contested, the nature of the party's interest in the premises, and the relief being sought.
	1.21.2.	The Code Official shall fix a time and date for the hearing to be held, but said hearing shall not be held more than 30 days after receiving such demand for a hearing, and said Code Official shall cause notice of the hearing to be served, personally or by regular or certified mail, upon the contestant, the owner of the premises, any other known party in interest, and the Township.
	1.21.3.	The contestant, applicant, owner of the premises, or any other party in interest shall have the right to appear, in person or through representation, and give testimony at the hearing. Rules of evidence prevailing in general courts of law shall not be controlling.
	1.21.4.	The Board of Supervisors, in sitting as the adjudicating body, shall have, in addition to any other powers granted, the following powers and duties:
		1.	To decide whether the relief sought in such appeal should be granted.
		2.	To grant a variance from the strict application of this article. Such variance may be granted only in cases which result in practical difficulty or unnecessary hardship and where the public health and safety shall not be jeopardized or prejudiced.
	1.21.5.	In making its decision, the Board of Supervisors may affirm, modify, or reverse the decision of the Code Official Officer. Said decision shall be by a majority of the Board then present and sitting at said hearing. The Board, within a reasonable time after such hearing, shall render its decision, in writing, with finding of facts and the reasons for its decision, and shall serve a copy of the decision upon the contestant, owner of the premises, and any known party in interest. The Board shall retain a copy of each decision, which shall become a public record subject to viewing as allowed by law. The Code Official shall take immediate action in accordance with the decision of the Board and carry out said order.

F. Section 904.8 is deleted in its entirety and is amended to read:

[Added 3-27-2001 by Ord. No. 4-2001]

	904.8 Use Groups R-1, R-2, R-3 and R-4: An automatic fire-suppression system shall be provided through all buildings and occupancies in these use groups and shall be installed in accordance with Section 906.2.1.
		Exception No. 1: An automatic fire-suppression system shall not be required in detached structures which house one dwelling unit only.

G. Delete Section 904.9.

[Added 3-27-2001 by Ord. No. 4-2001]

H. Delete Section 904.10.

[Added 3-27-2001 by Ord. No. 4-2001]

§ 95-4 When effective.

Section 3408.2 is adopted to reflect an effective date as the effective date of this article.

§ 95-5 Effect on fire prevention provisions.

It is specifically acknowledged that, by Article II, Fire Prevention, of this chapter, the Township of South Strabane adopted the BOCA National Fire Prevention Code. To the extent that the BOCA National Building Code deviates from the Fire Prevention Code, the Fire Prevention Code shall be and is controlling in such matters within the Township.

§ 95-6 Stricter provisions to prevail.

In all matters that are regulated by the law of the Commonwealth of Pennsylvania, or by regulations of departments or agencies of the commonwealth promulgated by authority of law, such laws, regulations, or other ordinances of the Township, as the case may be, shall control where the requirements thereof are the same as, or in excess of, the provisions of this article. The code herein adopted shall control in all other cases where the commonwealth's requirements, or the requirements of other ordinances of the Township, are not as strict as those contained in this article.

§ 95-7 Continuation of existing provisions.

The provisions of this article, so far as they are the same as those ordinances or codes enforced prior to the enactment of this article, are intended as a continuation of such ordinances and codes, and not as new enactments. The provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any of the repealed ordinances.