[HISTORY: Adopted by the Borough Council
of the Borough of Edgeworth 6-17-1997 by Ord. No. 465.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 103.
Subdivision and land development — See Ch. 113.
Zoning — See Ch. 130.
[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Editor's Note: This ordinance also repealed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 Building Official shall perform the duties
enumerated herein and shall have charge of all matters pertaining
to the strength and safety of buildings and building materials.
The 1996 Edition of the BOCA National Building Code, Thirteenth Edition, as promulgated by the Building Officials and Code Administrators International, Inc., is hereby adopted as the Building Code for the Borough of Edgeworth, subject to the additions, modifications, deletions, insertions and changes outlined in § 39-3 hereof. A copy of the full text of said Building Code is on file in the office of the Borough Secretary.
The 1996 Edition of the BOCA National Building
Code is amended as follows:
A.
In Section 101.1, Title, insert "the Borough of Edgeworth."
B.
In Section 105.5, Identification, shall be deleted.
C.
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."
D.
In Section 107.9, Time limitation of application,
change "six months" to 90 days.
E.
A new Section 107.10 shall be added to read as follows:
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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
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F.
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."
G.
Section 108.2, Suspension of permit:
(1)
Delete the entire existing section.
(2)
Add the following new section:
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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
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H.
In Sections 109.1 and 109.3, change all references
to the "board of appeals" to the "Borough Council."
I.
Sections 112.3, 112.4 and 112.5:
(1)
Delete the entire existing sections.
(2)
Add the following new section:
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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.
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J.
Amend Section 116.2, Notice of violation, to read
as follows:
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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.
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K.
Amend Section 116.3, Prosecution of violation, to
read as follows:
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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
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L.
Section 116.4.
(1)
Amend Section 116.4, Violation penalties, to read
as follows:
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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.
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(2)
Insert: "summary offense"; "$1,000."
(3)
Delete "... or by imprisonment not exceeding
[number of days], or both such fine and imprisonment."
M.
In Section 117.2, Unlawful continuance, insert: "$100"
and "$1,000."
N.
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:
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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.
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O.
Section 202.0.
(1)
Delete the following existing definitions:
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Accessory structure
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Alteration
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Area, building
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Basement
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Building line
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Dwellings
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Floor area, gross
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Floor area, net
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Story
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Street
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Structure
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(2)
Add the following new definitions:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Dwelling: A building designed or
used exclusively as the living quarters for one or more families.
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One-family dwelling: A detached
building designed for or occupied exclusively by one family.
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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.
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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.
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Dwelling unit: A room or suite
of rooms designed for occupancy by a family.
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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.
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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.
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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.
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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.
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Street: A public or private way
other than an alley which affords the principal means of access to
abutting properties.
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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.
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P.
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."
Q.
In Section 3408.2, Applicability, insert "September
11, 1950."
Any person whose application has been refused
may appeal to the Council from the decision of the Building Official,
provided that no appeal shall be allowed unless taken within 30 days
from the date of refusal. The Council may, when hardship is shown,
modify provisions of this chapter, provided that it is in the public
interest to do so.
