The model building regulations (BOCA Building Code), entitled "BOCA National Building Code, Thirteenth Edition, 1996," published by the Building Officials and Code Administrators International, Inc., are hereby adopted, as amended and supplemented pursuant to this article.
[Adopted 10-16-1990 by Ord. No. 90-7 (Part 6, Ch. 1, Art. B, of the 1975 Code of Ordinances); amended 4-16-1996 by Ord. No. 96-7; 2-17-1998 by Ord. No. 98-1]
The BOCA Building Code, adopted hereby, is changed and/or completed as follows:
A.
In Section 101.1, insert "The Borough of Malvern" in place of "(Name of Jurisdiction)."
B.
Section 112.3.1 is deleted and replaced with the following:
C.
Section 116.4 is deleted and replaced with the following:
116.4 Violation penalties: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Code Official, or of a permit or certificate issued under the provisions of this Code, shall be subject to the fines and penalties established by the Code of the Borough of Malvern, Pennsylvania (Ordinance No. 254), Chapter 1, General Provisions, Article II, General Penalty. Each day that a violation continues shall constitute a separate violation and/or offense. |
D.
Section 117.2 is deleted and replaced with the following:
117.2 Unlawful continuance: Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed, by the Code Official, to perform to remove a violation or unsafe condition, shall be liable for the fines and penalties established by the Code of the Borough of Malvern, Pennsylvania (Ordinance No. 254), Chapter 1, General Provisions, Article II, General Penalty, and each day such work continues shall be a separate violation and/or offense. |
E.
Section 121.2 is deleted and replaced with the following:
121.2 Appeals Board: The Borough Council of the Borough of Malvern, Chester County, Pennsylvania, shall function as a Code Appeals Board which shall hear all appeals, filed pursuant to Section 121.1, and may reverse or affirm, wholly or in part, or modify the decision appealed from and may make such order or determination as in the opinion of the Board, ought to be made. The decision shall be made part of the minutes of the meeting. |
F.
Sections 121.2.1, 121.2.2, 121.2.3, 121-2.4, 121.2.5, 121.2.6, 121.3, 121.4.1, 121.5, 121.6 and 121.6.1 are deleted.
G.
The first paragraph of Section 3408.2 is deleted and replaced with the following:
3408.2 Applicability: Structures existing prior to October 16, 1990, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403.0 through 3407.0. |
All other ordinances or parts of ordinances are hereby repealed to the extent that they conflict with the regulations adopted by this section and such regulations are more restrictive.
Nothing in this section or in the model regulations adopted hereby shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed or exchanged pursuant to § 89-11 hereof.[1]
[1]
Editor's Note: Original Section 6-1022, Permit fees, adopted 4-4-1978 by Ord. No. 78-2, as amended 4-13-1982 by Ord. No. 82-5, which immediately followed this section, was superseded by the new Permit and Licensing Fees Schedule, which is codified in the 2004 Code as Ch. 101, Fees, Art. I, Permit and Licensing Fees.