[HISTORY: Adopted by the Borough Council of the Borough of
Parkside as Ch. 45 of the 1979 Code; amended in its entirety 8-21-1991 by Ord. No. 362. Subsequent amendments noted where applicable.]
[Amended 9-21-2022 by Ord. No. 570]
A certain document, copies of which are on file in the office of the Borough Secretary, being marked and known as the "International Building Code, 2018 Edition," as published by the International Code Council, hereinafter designated as the "Building Code of the Borough of Parkside, Delaware County, Pennsylvania," with changes noted herein, and with all amendments as adopted by the Commonwealth of Pennsylvania, for regulating the design, construction, alteration, enlargement, repair, demolition, removal, maintenance and use of all buildings and structures in the Borough of Parkside, Delaware County, Pennsylvania, providing for the issuance of permits therefor, providing penalties for the violation of the code, declaring and establishing fire zones and each and all of the regulations, provisions, penalties, conditions and terms of the International Building Code, 2018 Edition, are hereby referred to and proposed to be adopted and made a part thereof as if fully set out in this chapter, with the additions, insertions and deletions noted in § 53-2 of this chapter.
[Added 8-24-2005 by Ord.
No. 460]
As amended by the commonwealth's Senate Bill 1139 (Signed July
15, 2004) and Act 93 of 2004), "Changes to the Uniform Construction
Code," municipalities now may require building, electrical, gas, mechanical
and plumbing permits for any and all excluded work under the Uniform
Construction Code, to be done in a manner that was approved by the
Borough's Building, Mechanical, Plumbing, and Electrical Codes, that
were in effect as of July 1, 1999, or thereafter. Work to be done
in any manner must be first permitted, including, but not limited
to accessory structures, fences, retaining walls, sidewalks, driveways,
electrical wiring, heating appliances, cooling units, drains, fixtures
and pipes, and to further accept any changes, amendments, revisions,
deletions, exclusions, restrictions and/or implementations that the
commonwealth sets forth, regarding the Uniform Construction Code,
that are applicable to the Borough of Parkside and for the best interest
of the community after first being considered and approved by the
Code officials and Borough Council, will be incorporated by reference.
The Borough Secretary shall certify to adoption of this section and
cause the same to be published as required by law, and this section
shall take full force and effect immediately upon the date and time
of passage and approval by the Parkside Borough Council.
[Amended 1-25-2006 by Ord. No. 468; 12-17-2014 by Ord. No. 515; 12-21-2016 by Ord. No. 534; 12-21-2016 by Ord. No. 538; 10-25-2017 by Ord. No. 544; 9-21-2022 by Ord. No. 570]
A.
Section 101.1 is amended to insert the words "the Borough of Parkside."
For purposes of implementation of these provisions, construction
shall be considered to have started with the first placement of permanent
construction at the site, such as the pouring of slabs or footings
or any work beyond the stage of excavation. For a structure without
a basement or poured footings, the "start of construction" includes
the first permanent framing or assembly of the structure or any part
thereof on its pilings or foundation or the affixing of any prefabricated
structures or mobile home to its permanent site. "Permanent construction"
does not include land preparation; land clearing; grading; filling;
excavations for basements, footings, piers or foundations; the erection
of temporary forms; the installation of filling under proposed subsurface
footings; or the installation of sewer, gas and water pipes or electric
or other service lines from the street.
Nothing in this chapter shall amend in any way the Zoning Ordinance
of the Borough of Parkside,[1] and further, nothing in this chapter shall be construed
to permit a land use in the Borough of Parkside which has not been
heretofore permitted.
A.
The provisions of this chapter shall apply equally to both public
and private property. They shall apply to all new structures and their
occupancies, including buildings, structures and equipment, and except
as otherwise specified, to existing structures and their occupancies,
including buildings, structures and equipment, which constitute a
clear and present hazard to life or to property.
B.
Existing structures, facilities and installations as may be covered
by regulations promulgated under the authority of this chapter, in
service or under construction as of the effective date of this chapter
and which are not in strict compliance with the terms of this chapter,
may be continued or placed in use without complying with the terms
of this chapter, provided that these do not constitute a distinct
hazard to life or adjoining property. When the Building Inspector
deems that the continued use will constitute a distinct hazard to
life or adjoining property, he shall notify the owner or operator
and specify the reason, in writing, why the existing structures, facilities
and installation must comply with this chapter or what must be done
to correct the hazard.
A.
The Borough Council of the Borough of Parkside shall have the power
to grant an exemption of the application from specific requirements
or regulations promulgated pursuant to this chapter upon request,
in writing, so to do when such request shows that the enforcement
of the specific requirement will cause unnecessary hardship to the
petitioner or in order to take advantage of new methods or equipment
of recognized adequacy, provided that such request shall not be granted
unless the requested equipment or use will, in the opinion of the
Borough Council of the Borough of Parkside, conform with all of the
fundamental requirements for safety. The particulars of such exemptions,
when granted, shall be entered upon the approval granted.
B.
The application for exemption shall be made in writing at least 15
days prior to the Council meeting at which the petitioner desires
to have the exemption granted. The Borough Council shall rule on the
application at the next regularly scheduled Council meeting which
is 15 days or more subsequent to the date the application is submitted
to the Borough Council. The Borough Council shall notify the applicant
of its decision, in writing, within 10 days after the decision of
the Borough Council. The decision of the Borough Council shall be
not later than 20 days from the date the Borough Council hears said
application.
This chapter shall be deemed an exercise of the police power
of the Borough of Parkside for the preservation and protection of
the public health, peace, safety and welfare, and all its provisions
shall be construed with that purpose in mind. Nothing in this chapter
or in the BOCA National 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 or ordinance repealed hereby. No
right or remedy of any character shall be lost, impaired or affected
by this chapter.
It shall be unlawful for any person, firm, corporation or organization
to violate this chapter, to permit or maintain said violation, to
refuse to obey any provisions thereof or to fail or refuse to comply
with any such provision or regulation except where a variance may
be allowed by the action of Borough Council. Proof of such unlawful
act or failure to act shall be deemed prima facie evidence of such
act as that of the owner. Prosecution or lack thereof of either the
owner or the occupant should not be deemed to release the other. Violation
of this chapter shall be a summary offense carrying penalties as set
forth in the code as supplemented by this chapter.[1]
[1]
Editor's Note: See also § 53-2M.
The Building Inspector of the Borough of Parkside shall receive
as compensation from the Borough of Parkside 1/2 of the total amount
collected in building permit fees and 1/2 of each reinspection fee
collected.
[Added 12-15-1993 by Ord.
No. 373]
A.
All contractors who are required to obtain a building permit must,
at the time of application for contractor registration, demonstrate
current coverage and compliance with the requirements of Act 44 of
1993 (workers' compensation insurance)[1] by filing with the Building Inspector one of the following:
(1)
Certificate of insurance issued by the insurance carrier as proof
of worker's compensation insurance for all employees;
(2)
Certification of self-insurance from the Department of Labor and
Industry; or
(3)
A notarized affidavit of exemption from worker's compensation insurance
stating that no employees will be hired to work on the project.
[1]
Editor's Note: See Title 77 P.S. Workers' Compensation.
B.
Contractors must also provide their federal and/or state identification
number via company letterhead or billhead, which includes their address
and phone number. (A post office box is not an acceptable address.)
C.
Borough residents and/or homeowners performing their own work must
file a signed notification of exemption from worker's compensation
insurance, stating that they will not hire/employ any individual or
subcontract any work on the construction project. Should a resident
and/or homeowner later choose or be forced to subcontract work in
order to comply with the Building Code, it is the responsibility of
the resident to see that the subcontractor complies with the regulations
as set forth above.
[Added 9-21-1994 by Ord.
No. 376]
A.
Any dumpster, trash or collection bin required during a construction
project shall be placed upon the property where the construction is
occurring. The dumpster, trash or collection bin shall not obstruct
the sidewalk.
B.
No dumpster, trash or collection bin of any type may be placed upon
any street within the Borough of Parkside unless the following conditions
have been satisfied:
(1)
Notification must be made to, and permission received from, either
the Police Chief or the Safety Committee Chairman.
(2)
Reflectors and/or barricades, as directed by the Police Chief or
Safety Committee Chairman, must be used to prevent collisions between
vehicular traffic and the dumpster or trash bin.
(3)
The street must be protected from damage at all times, including
delivery and pickup of the dumpster or trash bin and during the time
the dumpster or trash bin is being used. The cost of repairing any
damage which occurs to the street shall be the responsibility of the
person or firm that requested the dumpster or trash bin.
(4)
Periodically during the time the dumpster or trash bin is in use,
and after it has been removed, the street shall be swept and/or cleaned
as necessary to prevent the accumulation of nails, broken glass, fluids
or other debris. It shall be the responsibility of the person or firm
that requested the dumpster or trash bin to sweep and/or clean the
street.
[1]
Editor's Note: Former § 53-12, Contract or work
order, added 1-25-2006 by Ord. No. 468, as amended 12-17-2014 by Ord.
No. 515, was repealed 12-21-2016 by Ord. No. 538.
[1]
Editor's Note: Former § 53-13, Definitions, added
1-25-2006 by Ord. No. 468, as amended 12-17-2014 by Ord. No. 515,
was repealed 12-21-2016 by Ord. No. 538.
[Added 9-21-2022 by Ord. No. 570]
Parkside Borough hereby adopts the International Existing Building
Code, 2018 Edition, with all amendments as adopted by the Commonwealth
of Pennsylvania.
