[Adopted 1-20-1987 by Ord. No. 825]
[Amended 5-19-1987 by Ord. No. 832; 10-20-1987 by Ord. No.
833; 5-21-1991 by Ord. No. 872]
A certain document, copies of which are on file in the office of the Borough Secretary, being marked and known as the "BOCA Basic Building Code, 10th Edition 1987," or such newer edition of the said Code then in existence, published by the Building Officials and Code Administrators International, Inc., with changes noted herein for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy and maintenance of all buildings and structures in the Borough of Lewisburg, providing for the issuance of permits therefor, prescribing penalties for violations of the code, and declaring and establishing Fire Zones, is hereby adopted as the Building Code of the Borough of Lewisburg and hereafter designated as such; and each and all of the regulations, provisions, penalties, conditions and terms of the said BOCA Basic Building Code, its supplements and amendments, are hereby incorporated herein by reference and made a part hereof as if fully set out in this article, except as hereinafter modified in § 152-17 of this article.
[Amended 10-20-1987 by Ord. No. 833; 5-17-1988 by Ord. No.
836; 11-15-1988 by Ord. No. 839; 6-19-1990 by Ord. No. 859; 5-21-1991 by Ord. No. 872; 9-21-1993 by Ord. No. 887; 4-19-1994 by Ord. No.
892]
A.
Deletions. The following article(s), section(s) and
subsection(s) of the BOCA Basic Building Code adopted herein are hereby
deleted in their entirety:
(1)
Section 114.5 Refunds.
B.
Revisions. The following sections and subsections
of the Basic Building Code adopted herein are hereby revised to read
in their entirety as follows:
(1)
Section 101.4 Continuation of unlawful use. The continuation
of occupancy or use of a building or structure, or a part thereof,
contrary to the provisions of this code, shall be deemed a violation
of this code and shall be subject to the penalties prescribed in this
article.
(2)
Section 109.2 Appointment. The Building Official shall
be appointed by the Lewisburg Borough Council; and the Building Official
shall not be removed from office except for cause and after full opportunity
to be heard on specific and relevant charges by and before the Lewisburg
Borough Council.
(3)
Section 109.7 Official records. All official records
shall be kept of all business and activities of the Office of the
Building Official and all such records shall be open to the public
for inspection from 9:00 a.m. to 4:00 p.m., except that no individual,
owner, operator, occupant, or other person shall be subject to the
unwarranted invasion of privacy and all evidence of information obtained
in the course of any inspection shall be considered privileged information
and shall be confidential. Such evidence or information shall not
be disclosed except as may without the consent of the owner, occupant,
operator or other person in charge of the unit, structure or premises
inspected, except as otherwise required by law.
(4)
Section 111.1 When permit is required. It shall be
unlawful to construct, enlarge, alter or demolish a structure; or
change the occupancy of a building or structure requiring greater
strength, exit or sanitary provisions; or to change to another use;
or to install or alter any equipment for which provision is made or
the installation of which is regulated by this code; or to place or
install siding on a building or structure; or to sandblast or point
a building or structure, without first filing an application with
the Building Official in writing and obtaining the required Permit
therefor; except that repairs, as defined in Section 104.0 of this
code and which do not involve any violation of this code, shall be
exempted from this provision.
(5)
Section 111.3 By whom application is made. Application
for a permit shall be made by the licensed engineer or architect,
contractor or the person responsible for construction, alteration,
demolishing or enlargement of the structure employed in connection
with the proposed work. The application shall be accompanied by a
duly verified affidavit of the owner or lessee authorizing the proposed
work. The full names and addresses of owner, lessee, applicant, and
of the responsible officers, if the owner or lessee is a corporate
body, shall be stated in the application.
(6)
Section 112.3 Previous approvals. Nothing in this
code shall require changes in the plans, construction or designated
use of a building for which a lawful permit has been heretofore issued
or otherwise lawfully authorized and the construction of which shall
have been actively prosecuted within 90 days after the effective date
of this article and the entire building shall be completed, as authorized,
within two years after the date of approval of the application, except
as herein provided: In the case of a building, which because of its
size or complexity of construction requires a longer period for completion,
no changes in the plans, construction or designated use of the building,
shall be required for the construction period designated in fully
executed construction contract documents if prepared by a registered
architect and/or engineer.
(7)
Section 112.5 Approved plans. The Building Official
shall stamp or endorse in writing two sets of corrected plans marked
"Approved"; one set of such approved plans shall be retained by him/her
and the other set shall be kept at the building site, open to inspection
of the Building Official or his/her authorized representative at all
reasonable times. Where required, approval of local boards, commissions,
agencies and/or bodies, including but not limited to the Zoning Hearing
Board, Historical Architectural Review Board, Planning Commission
and Borough Council of the Borough of Lewisburg, shall be secured
prior to the issuance of a permit. Approval of the Pennsylvania Department
of Labor and Industry shall also be secured, where applicable, prior
to the issuance of a permit.
(8)
Section 114.3.1 Fee schedule. A fee for each plan
examination, building permit and inspection shall be paid in accordance
with the Fee Schedule of the Borough, and as such fee schedule may
from time to time be amended or modified by resolution of the Lewisburg
Borough Council.
(9)
Section 117.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements, regulations, conditions or terms thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official or of a permit or certificate issued under the provisions of this code, and also any owner of a building or structure, or portion thereof, or of the premises where anything in violation of this code shall be placed or shall exist, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and assisting in the commission of such violation or violations, shall be guilty of a summary offense and, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and/or be imprisoned for a period not to exceed 90 days, except imprisonment shall not be imposed as a penalty for violation of Subsection (M) of Subsection (3) of this section other than for failure to pay a fine and/or costs of prosecution. Each day that a violation of this code continues shall constitute a separate offense.
(10)
Section 118.2 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 to perform to remove a violation or unsafe condition,
shall constitute a violation of this code and shall be subject to
the penalties prescribed in this § 102.
(11)
Section 120.3 Notice of unsafe structure.
(a)
All buildings or structures regulated by this
code which are structurally unsafe or not provided with adequate egress,
or which constitute a fire hazard, or are otherwise dangerous to human
life are, for the purpose of this section, unsafe. Any use of buildings
or structures constituting a hazard to safety, health or public welfare
by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment are, for the purpose of this
section, unsafe uses. Parapet walls, cornices, spires, towers, tanks,
statuary and other appendages or structural members which are supported
by, attached to, or a part of a building and which are in deteriorated
condition or otherwise unable to sustain the design loads which are
specified in this code are hereby designated as unsafe building appendages.
(b)
All such unsafe buildings, structures or appendages
are hereby declared to be public nuisances and shall be abated by
repair, rehabilitation, demolition or removal in accordance with the
procedures set forth in this code or such alternate procedures as
may have been or may be adopted by the Lewisburg Borough Council.
As an alternative, the Building Official, or official of the Borough
of Lewisburg as designated by the Lewisburg Borough Council, may institute
any other appropriate action to prevent, restrain, correct or abate
the violation.
(12)
Section 124.2 Membership of board. The board
of appeals shall consist of seven members appointed by the Borough
of Lewisburg as follows: two for five years, one for four years, one
for three years, two for two years and one for one year. Each initial
member shall serve until the 1st day of January next following the
expiration of the term of their appointment or until a successor has
been appointed. Thereafter, each new member shall serve for five years
or until a successor has been appointed.
(13)
Section 124.2.1 Qualifications. Each member
shall be a licensed professional engineer or architect; or a builder
or superintendent of building construction with at least 10 years
experience, five of which shall have been in responsible charge of
work.
(14)
Section 124.6 Board decision. The board shall
reverse, affirm, or modify, in whole or in part, the decision of the
code official appealed from by a concurring vote of a majority of
those members present and voting, and shall make such order or determination
as in its opinion ought to be made. Failure to secure such concurring
votes shall be deemed a confirmation of the decision of the code official.
C.
Insertions. The following sections and subsections,
or parts thereof, are hereby inserted in the BOCA Basic Building Code
adopted herein as if they were established by the said BOCA Basic
Building Code:
(1)
Section 100.1 Title. Insert for "name of jurisdiction"
in this section, "the Borough of Lewisburg, Union County, Pennsylvania."
(2)
Section 105.0 Demolition of structures. The following
new subsections shall be added to this section to read in their entirety
as follows:
(a)
Section 105.4 Other permits required. At the
time of filing an application for a permit, the applicant shall exhibit
evidence that he/she has obtained all necessary permits, licenses,
approvals and/or variances as may be required by the laws of the Borough
of Lewisburg and the Commonwealth of Pennsylvania. Individuals, agencies,
boards, commissions, and bodies issuing the aforesaid permits, licenses,
approvals, and/or variances shall include but not be limited to the
Zoning Officer, the Zoning Hearing Board, the Historical Architectural
Review Board, the Lewisburg Borough Council, the Board of Appeals,
the Sewage Enforcement Officer, the Fire Chief, the State Police Fire
Marshal, the Pennsylvania Department of Environmental Resources, the
Pennsylvania Department of Community Affairs, the Pennsylvania Department
of Labor and Industry, and applicable federal agencies.
(b)
Section 105.5 Determination by building official.
In the event that the owner or agent is unable to obtain the releases
required in Section 105.1 of this code, the Building Official shall
inspect the premises for which application has been made to determine
that utility service connections and appurtenant equipment have been
removed or sealed and plugged in a safe manner.
(c)
Section 105.6 Technical specifications. All
demolition shall conform to the following requirements. Where under
these requirements responsibilities are imposed upon a "contractor"
that term shall also mean any person performing the demolition work,
including contractors and the owner or agents of the owner. Final
responsibility for compliance with all requirements shall be that
of the permit holder of the structure being demolished.
(d)
Section 105.6.1. The work to be performed shall
include the demolition of all structures, vaults, steps, walls, and
the disposal of all excess material, junk and rubbish.
(e)
Section 105.6.2. The Contractor shall not commence
work, nor shall be remove from the site of demolition anything or
any materials, until the Contractor has received a building permit
from the Building Official.
(f)
Section 105.6.3. If the structure to be demolished
is more than two stories or 25 feet high, measured from sidewalk or
street level, and the horizontal distance from the inside of the sidewalk
to the structure is 15 feet or less, a substantial sidewalk shed shall
be constructed over the entire length of the sidewalk, adjacent to
the structure, of sufficient width to accommodate pedestrian traffic
without causing congestion. The sidewalk shed shall be lighted either
by natural or artificial means sufficient to insure safety at all
times.
(g)
Section 105.6.4. When the horizontal distance
inside of the sidewalk to a structure is more than 15 feet and less
than 25 feet a sidewalk shed may be constructed over the sidewalk
as described above, or in place of such a shed, a substantial fence
shall be constructed along the inside edge of the sidewalk, or if
permission has been granted close the sidewalk, a substantial fence
eight feet high may be constructed at the curbline and a safe place
to walk in the cartway of the street shall be provided. When demolition
work using machinery methods are employed, the building(s) may be
demolished in a step-like fashion as long as adequate lateral support
of the structure exists. No wall, chimney or other construction shall
be allowed to fall in a mass on an upper floor. Bulky material, such
as beams and columns, shall be lowered and not allowed to fall.
(h)
Section 105.6.5. Suitable barriers subject to
the approval of the Building Official, shall be erected and maintained
by the Contractor around all openings in the ground as long as such
openings shall, in the opinion of the Building Official, constitute
a hazard or a dangerous condition.
(i)
Section 105.6.6. The Contractor shall furnish,
erect, and maintain approved danger, warning, and "Keepout" signs
at places and locations where the placing of such signs are warranted,
especially in working area, or as directed by the Building Official.
(j)
Section 105.6.7. During the demolition of buildings
and structures, the work shall be kept thoroughly wetted down to prevent
the spread of dust. The Contractor shall provide necessary water and
connections therefor.
(k)
Section 105.6.8. All sewer laterals must be
capped at the curb by the Contractor before any demolition starts.
A permit must be obtained from the Lewisburg Area Joint Sewer Authority.
(l)
Section 105.6.9. All combustible material from
the demolition activity shall be removed from the site and any basements
or pits exposed by such demolition activity shall be backfilled to
at least the adjacent grade levels.
(m)
Section 105.6.10. Window and door frames shall
not be removed until the demolition work shall have progressed to
their elevations in the walls.
(n)
Section 105.6.11. No portions of walls above
the elevations of the first floor and located immediately adjacent
and parallel to any street shall be "thrown" but shall be barred loose
and demolished piecemeal.
(o)
Section 105.6.12. All floor construction except
basement floor shall be removed regardless of elevation or location.
All basement partitions, furnaces, heating apparatus, piping, gasoline
or oil tanks, miscellaneous fixtures and stairways shall be removed
from the area of demolition.
(p)
Section 105.6.13. The Contractor shall leave
continuous buildings in a safe condition, and shall not deface, mar,
hurt or jeopardize any adjacent buildings and any damage done to such
adjacent or nearby building(s) shall be repaired or restored by the
Contractor to the satisfaction of the Building Official. Extreme care
must be exercised in the demolition of buildings adjacent to other
structures which are to remain. The Contractor shall be responsible
for damages to adjacent buildings and all repairs shall be made by
the Contractor at no expense to the adjacent building owner. Any walls
of continuous buildings left exposed by this demolition shall be preserved
and treated in the manner specified in Section 1805.3.1 of this code
so as to seal the surface of such walls and provide adequate weather
protection. All work required by this subsection shall be completed
within 30 days from the date any demolition work results in exposure
to the elements of continuous building walls or parapets, which time
may be extended by the Building Official for good cause.
(q)
Section 105.6.14. The Contractor shall furnish,
at his/her expense, all additional materials required for filling
subsurface areas to the grade of the surface of the adjoining ground.
Said material required shall be of a quality acceptable to the Building
Official and a sufficient quantity shall be on hand to insure uninterrupted
progress in completing the backfilling. On completion of the demolition,
the cellars shall be filled to a level not higher than the existing
sidewalk and yard. All backfilling shall be done in 12 inch layers
and each layer compacted by a ten-ton roller or its equivalent. Compacting
the backfill with any loader is not acceptable. Eighteen inches of
soil free from stones, clods and debris shall be evenly spread over
all demolished structures. The entire area shall be cleaned and graded
so a rotary mower can be used in cutting the grass or weeds.
(r)
Section 105.6.15. No burning shall be permitted
on the site. Combustible material shall be disposed of by the Contractor.
(s)
Section 105.6.16. The Contractor shall remove
all debris and equipment and dispose of all material from the site
of the work, and leave the ground clear of all materials, rubbish
and debris, and in a clean, neat condition, as demolition of each
structure is completed.
(3)
Section 114.3.1 Fee schedule. A fee for each plan
examination, building permit, and inspection shall be paid in accordance
with the schedule of fees attached hereto, made a part hereof and
marked Exhibit A, and as such fee schedule may from time to time be
amended or modified by resolution of the Lewisburg Borough Council.
(4)
Section 120.1 Right of condemnation. The following
new paragraph and subsections shall be added to this section to read
in their entirety as follows:
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To further clarify the intent of this section,
the conditions or defects hereinafter described, where such conditions
or defects exist to the extent that life, health, property or safety
of the public or its occupants are endangered, shall be deemed to
fall within the meaning of this code.
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(1)
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Section 120.1.1. Whenever any door, aisle, passageway,
stairway or other means of exit is not of sufficient width or size
or is not so arranged as to provide safe and adequate means of exit
in case of fire or panic.
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(2)
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Section 120.1.2. Whenever any portion of a building
or structure has been damaged by fire, wind, explosion, flood, subsidence
or by any other cause so that the structural strength or stability
is less than the minimum requirements of this code and is likely to
fail or become disloaded or to collapse and thereby injure persons
or property.
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(3)
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Section 120.1.3. Whenever any building or structure
has become so dilapidated or deteriorated as to become an attractive
nuisance to children, or a harbor for vagrants or criminals as enable
persons to resort thereto for the purpose of committing unlawful acts.
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(4)
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Section 120.1.4. Whenever any building or structure,
because of deterioration, damage, inadequate exits, lack of sufficient
fire restrictive construction, faulty electric wiring, gas connections
or heating apparatus, or other cause is determined by the Fire Chief
or the Building Official to be a fire hazard.
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(5)
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Section 120.1.5. Whenever any portion of a building
or structure remains on a site after demolition or destruction so
as to cause an attractive nuisance or hazard to the public.
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(5)
Section 120.6 Disregard of unsafe notice. The following
new subsections shall be added to this section to read in their entirety
as follows:
(a)
Section 120.6.1 General. After any order of
the Building Official or Board of Survey made pursuant to this article
shall have become final, no person to whom any such order is directed
shall fail, neglect, or refuse to obey any such order. Any such person
who fails to comply with any such order shall be in violation of this
code and shall be subject to the penalties prescribed in this article.
(b)
Section 120.6.2 Failure to obey order. If after
any order of the Building Official or Board of Survey made pursuant
to this article has become final, the person to whom such order is
directed shall fail, neglect, or refuse to obey such order, the Building
Official may (a) cause such person to be prosecuted or (b) institute
any appropriate action to abate such building as a public nuisance.
(c)
Section 120.6.3 Failure to commence work. Whenever
the required repair or demolition is not commenced within the stipulated
time or 30 days after any final notice and/or order issued under this
article becomes effective:
[1]
The Building Official shall cause the building
described in such notice and order to be vacated by posting at each
entrance thereto a notice reading: "Unsafe Building. Do Not Occupy.
It is summary offense to occupy this building or to remove or deface
this notice. Building Official, "Borough of Lewisburg."
[2]
No person shall occupy any building which has
been posted as specified in this subsection. No person shall remove
or deface any such notice so posted until the repairs, demolition
or removal ordered by the Building Official have been completed and
a certificate of occupancy permit issued pursuant to the provisions
of Section 119.1 of this code.
[3]
The Building Official may, in addition to any
other remedy herein provided, cause the building to be repaired to
the extent necessary to correct the order or if the notice and order
required demolition, to cause the building to be demolished and the
materials, rubble, and debris therefrom removed and the lot cleaned.
The cost of such repairs, improvements, or vacating and closing, removal
or demolition shall be placed as a municipal lien against the real
property upon which the cost was incurred. If the structure is removed
or demolished by the order of the Building Official, he shall sell
the materials from such structure for the best price attainable and
shall credit the proceeds of such sale against the cost of removal
or demolition. Any surplus realized from the demolition of any such
building over and above the cost of demolition and cleaning shall
be paid over to the person(s) lawfully entitled thereto.
[4]
Extension of time to perform work. Upon receipt
of an application from the person required to conform to the order
and an agreement by such person that he will comply with the order
if allowed additional time, the Building Official may, at his/her
discretion, grant an extension of time, not to exceed an additional
60 days, within which to complete said repair, rehabilitation or demolition,
if the Building Official determines such an extension of time will
not create or perpetuate a situation imminently dangerous to life
or property. An additional 60 days may be granted at the discretion
of the Building Code — Board of Appeals.
(d)
Section 120.6.4 Abatement of unsafe buildings.
All buildings or portions thereof which are determined after inspection
by the Building Official to be unsafe as defined in this article are
hereby declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition, or removal in accordance with the following
standards or as otherwise provided in this article:
[1]
If the unsafe building, whether or not vacant,
can reasonably be repaired so that it will no longer exist in violation
of the provisions of this article, it shall be ordered to be repaired
in accordance with the current building code.
[2]
If the cost of such repair, alteration or improvement
to any unsafe building shall exceed 50% of the value of the structure,
as repaired, altered or improved, or if it cannot be repaired so that
it will no longer exist in violation of the provisions of this article,
it may be ordered to be demolished by the Building Official.
(6)
Section 123.3 Compensation of board of survey. The
third member of the Board of Survey shall receive for his/her services
a fee in the amount of $100 per day to be paid by the applicant, or
as such fee shall be fixed from time to time by regulation or resolution.
(7)
Section 201.0 General definitions. The following new
definition shall be added to this section to read in its entirety
as follows:
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Solid fuel heating appliance. A device or apparatus
including any attachments or apparatus designed to be attached, manufactured
and designed to use solid fuel as a fuel for heating.
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(8)
Section 501.2. Fire limits. The fire limits of the
Borough are hereby established as that portion of the Borough of Lewisburg,
Union County, Pennsylvania, bounded on the East by Front Street, on
the North by Cherry Alley, on the West by Seventh Street, and on the
South by Pine Alley.
(9)
Section 2700.3 Electric installation standards. A
new subsection shall be added to this section to read in its entirety
as follows:
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Section 2700.3.1 Temporary electrical service
for building. The switch box for a temporary electric service shall
be attached to a wooden pole four inches by four inches by 16 feet
or larger, which pole shall be set no less than two feet into solid
ground and shall be braced with four braces to be two inches by four
inches stock.
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The switch box shall be of any approved metal
type, cover to box shall be locked and the energizing switch locked
in the "off" position when not in use. The approved metal switch box
may be enclosed in a wooden box and this box locked, installation
to be weatherproof construction.
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If receptacles are used on the pole or anywhere
in the temporary circuit, the circuits shall be polarized and grounded
for 120-240 volts and placed five feet above the ground level.
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(10)
Section 2903.1 Notice of unsafe signs. A new
paragraph shall be added to this section to read in its entirety as
follows:
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All signs shall be removed by property owners
where circumstances leading to their erection no longer apply.
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(12)
Section 3023.0 Drainage nuisances. The following
new section shall be added to Article 30 to read in its entirety as
follows:
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3023.1 General. Any surface or roof drainage,
which creates a structural or health hazard, or any other nuisance
to the owners or occupants of adjacent premises, or to the public
by reason of discharge into or across any adjacent buildings, premises
or public thoroughfare, shall be abated by the owner of the improperly
drained area; and the Building Official shall require the drainage
to be disposed in accordance with the provisions of the Plumbing Code
of the Borough of Lewisburg.
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(13)
Section 801.2 Number of occupants. The following
sentence shall be added to the end of this section to read in its
entirety as follows:
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However, in accordance with the Zoning Ordinance
of the Borough of Lewisburg and in order to conform thereto, no more
than three unrelated persons shall live together as a household unit.
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A.
Savings clause. Nothing in this article or in the
BOCA Basic Building Code herein adopted shall be construed to affect
any suit or proceedings now pending in any court, or any rights acquired
or liability incurred, or any cause or causes of action accrued or
existing under any act of ordinance repealed hereby. No right or remedy
of any character shall be lost, impaired, or affected by this article.
B.
Validity. The invalidity of any section or provision
of this article or of the reference codes hereby adopted shall not
invalidate any other sections or provisions thereof.
C.
Repeal/conflict of ordinances. Ordinance No. 81-8,
enacted May 19, 1981, and any amendments thereto; Section 5 of Ordinance
No. 80-8, enacted August 19, 1980, and the Resolution adopted April
15, 1986, insofar as they conflict with the provisions hereof; and
all other ordinances or parts of ordinances inconsistent herewith,
be and the same are hereby repealed; provided, however, that none
of the provisions of Ordinance No. 82-2, enacted July 20, 1982, which
required the installation of smoke detectors, and Ordinance No. 804,
enacted June 26, 1985, which created an historic district, shall be
impaired or affected by this article.
