Borough of Edgeworth, PA Building Construction

[1]

Editor's Note: This ordinance also repealed former Ch. 39, Building Construction, adopted 9-11-1950 by Ord. No. 263, as amended 9-20-1983 by Ord. No. 402.

The 1996 Edition of the BOCA National Building Code is amended as follows:

In Section 101.1, Title, insert "the Borough of Edgeworth."

In Section 105.5, Identification, shall be deleted.

In Section 107.8, Amendments to application, shall be amended to change the final sentence to read: "Such amendments shall be deemed part of the original application and shall be filed therewith; provided, however, that any amendments will cause any deemed approval periods to start over as of the date of the amendment."

In Section 107.9, Time limitation of application, change "six months" to 90 days.

A new Section 107.10 shall be added to read as follows:

107.10 Failure to meet time limitation: Notwithstanding any other provision hereof, no deemed approvals will result because of a failure to meet any time limitation on other provision hereof, said time limitations and other provisions being directory only and not mandatory

In Section 108.1, Action on application, third line, after the word "filing," insert: "All nonresidential applications are required to obtain, at the applicant's expense, a BOCA plan review or plan review by a BOCA-certified plans examiner that has been approved by the Code Official. (At the discretion of the Code Official, this requirement may be waived for minor renovations.) An application will be considered incomplete and not filed until such plan review is received by the Code Official, whether or not the application is returned to the applicant."

Section 108.2, Suspension of permit:

(1)

Delete the entire existing section.

(2)

Add the following new section:

108.2 Suspension of permit: Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of the permit or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work or if the authorized work has not been completed within one year after the date the permit is issued

In Sections 109.1 and 109.3, change all references to the "board of appeals" to the "Borough Council."

Sections 112.3, 112.4 and 112.5:

(1)

Delete the entire existing sections.

(2)

Add the following new section:

112.3 Fee schedule: The Council of the Borough of Edgeworth may, by resolution, adopt and change, from time to time, a general fee schedule prescribing fees for permits issued in accordance with this article and other applicable Borough ordinances. In addition to said fees, the applicant will be required to pay the Borough's engineering review costs for any permit, which shall be assessed to the applicant at the Borough's actual cost.

Amend Section 116.2, Notice of violation, to read as follows:

116.2 Notice of violation: The Code Official may, but is not required to, serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such notice or order may direct the discontinuance of the illegal action or condition and the abatement of the violation. This notice or order is not a condition precedent to action taken under the prosecution and violation sections hereof.

Amend Section 116.3, Prosecution of violation, to read as follows:

116.3 Prosecution of violation: The Code Official may institute or have instituted the appropriate proceeding at law or in equity to restrain, correct or abate any violation of this code, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto

Section 116.4.

(1)

Amend Section 116.4, Violation penalties, to read as follows:

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 the terms hereof, an approved plan or directive of the Code Official or of a permit or certificate issued under the provisions of this code shall be guilty of a summary offense, punishable by a fine of not more than $1,000 or not less than $100 or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.

(2)

Insert: "summary offense"; "$1,000."

(3)

Delete "... or by imprisonment not exceeding [number of days], or both such fine and imprisonment."

In Section 117.2, Unlawful continuance, insert: "$100" and "$1,000."

Sections 121.0, 121.1, 121.2, 121.2.1, 121.2.2, 121.2.3, 121.2.4, 121.2.5, 121.2.6, 121.3, 121.4, 121.4.1, 121.5, 121.6, 121.6.1, and 121.6.2.

(1)

Delete the entire existing sections.

(2)

Insert the following new section:

121.1 Appeal: The owner of a building or structure or any other party in interest may appeal from a decision of the Building Official to the Council of the Borough of Edgeworth, provided that no such appeal shall be allowed unless taken within 30 days from the date of such decision. Application for appeal may be made in writing when it is claimed that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply or special hardship exists, in which cases the Council may waive or modify the provisions of this chapter as long as it is in the public interest to do so.

Section 202.0.

(1)

Delete the following existing definitions:

	Accessory structure
	Alteration
	Area, building
	Basement
	Building line
	Dwellings
	Floor area, gross
	Floor area, net
	Story
	Street
	Structure

(2)

Add the following new definitions:

	Accessory structure and accessory use: A building or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. An accessory use includes but is not limited to the following: children's playhouse, garden house or private greenhouse; nonpaying guesthouse or rooms for nonpaying guests within an accessory building, provided that such facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as a housekeeping unit; servants' quarters or servants' house; and off-street motor vehicle parking area and loading and unloading facility.
	Alteration: As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another or any change in use for zoning purposes.
	Apartment: A room or suite of rooms in a multiple-family structure which is used as a single housekeeping unit and which contains complete kitchen, bath and toilet facilities, permanently installed.
	Basement: A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is five feet or more or if the easement is used for business or dwelling purposes.
	Building: A structure having a roof supported by columns or walls for the shelter of persons, animals, chattels or property. When separating walls are common walls between adjoining dwellings, each portion of such structure shall be considered a separate building.
	Building area: The total of areas taken on a horizontal plan at the main grade level of the principal building, exclusive of uncovered porches, terraces, steps, garages and other accessory buildings.
	Building line: The line of the face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include walks, steps or terraces.
	Dwelling: A building designed or used exclusively as the living quarters for one or more families.
		One-family dwelling: A detached building designed for or occupied exclusively by one family.
		Multiple-family dwelling: A building on one plot or lot containing separate dwelling units for three or more families living independently of each other but which may have joint services or facilities or both.
		Townhouse dwelling: A multiple-family dwelling divided by party walls into distinct and noncommunicating units, each dwelling unit of which has direct access to the outdoors.
		Dwelling unit: A room or suite of rooms designed for occupancy by a family.
	Floor area: The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of common walls of separate buildings.
	Lot: A parcel, tract or area of land accessible by means of a public street or private driveway. It may be a single parcel separately described in a deed or plot which is recorded in the office of the County Recorder, or it may include parts of or a combination of such parcels which are adjacent to one another and used as one parcel.
	Lot line, front: In the case of an interior lot, the line separating the lot from the street; in the case of a corner lot, the line separating the narrowest frontage of the lot from the street.
	Story: That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
	Street: A public or private way other than an alley which affords the principal means of access to abutting properties.
	Structure: Any man- or machine-made object constructed, erected or placed on, above or under the soil or water of a lot, parcel or tract of land by the owner, his agent or representative. It shall exclude pavements and walkways that provide ingress, egress and regress to and from the structure, sewage disposal systems that serve the structure and other like objects.

Section 2701.1. The last sentence is changed to read as follows: "All such installations shall conform to the provisions of NFPA 70 listed in Chapter 35; provided, however, that the last sentence of Section 700-20 of NFPA 70 is deleted."

In Section 3408.2, Applicability, insert "September 11, 1950."