[HISTORY: Adopted by the Borough Council of the Borough of Freedom
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
This chapter shall be known and cited as the "Freedom Building Code."
The administration and enforcement of this chapter shall be the duty
of the Code Enforcement Officer, who is hereby authorized to take such action
as may be reasonably necessary to enforce the purposes of this code. The Code
Enforcement Officer shall be appointed by the Council of the Borough of Freedom.
Such persons may be appointed and authorized as assistants or agents of such
Code Enforcement Officer as may be necessary to carry out the provisions of
this code.
The provisions of this code shall apply to, govern and regulate the
construction, alteration, removal, demolition, equipment, use and occupancy,
location and maintenance of buildings and structures.
A.
Standards adopted. The BOCA National Building Code, 1993
Edition, except such portions thereof as are hereinafter deleted, modified
or amended by this chapter, is hereby adopted, and all construction, alteration,
removal, demolition, equipment, use, occupancy, location and maintenance of
buildings and structures shall from the effective date of this chapter be
performed in accordance with its provisions. In the case of discretionary
actions and determinations of the Code Enforcement Officer, the relevant facts
shall be considered and determinations made in the exercise of reasonable
discretion and all such determinations shall be final in absence of abuse
of discretion.
B.
Official copy. Three (3) copies of the BOCA National
Building Code, 1993 Edition, shall be kept on file by the Secretary of the
Borough of Freedom for inspection by the public and shall be marked with the
words "Freedom Building Code - Official Copy."
A.
Issuance of permit. No building work unless excepted
in this section shall be undertaken prior to the issuance of a permit therefor
by the Code Enforcement Officer. A permit shall be issued to the owner upon
application and submission of plans to the Code Enforcement Officer.
B.
Application for permit. Application for permit shall
be made on suitable forms provided by the Borough of Freedom for the Code
Enforcement officer. The application shall be accompanied by a fee as predetermined
from the fee schedule hereinafter set forth.
C.
Fees. Fees for permits for the erection, construction,
repair, alteration, moving or demolition of buildings and signs shall be paid
in accordance with the following schedule:
(1)
Erection, construction, repair, alteration or moving
of buildings, except where the estimated cost of the proposed work (including
costs of materials and value of labor involved) is less than five hundred
dollars ($500.), shall be five dollars ($5.) if the value of the work to be
performed shall not exceed five thousand dollars ($5,000.), plus an additional
fee of one dollar ($1.) for each additional one thousand dollars ($1,000.)
or part thereof over and above the first five thousand dollars ($5,000.) of
valuation.
(2)
Demolition of buildings: twenty-five dollars ($25.) for
residential buildings; fifty dollars ($50.) for commercial buildings; and
one hundred dollars ($100.) for industrial buildings or structures.
(3)
Erection or construction of signs: five dollars ($5.),
regardless of the value of the proposed work.
A.
Plans and specifications. No permit shall be issued until
plans and specifications showing the proposed work, in detail, as specified
in the BOCA National Building Code, 1993 Edition, have been submitted to the
Code Enforcement Officer and he has determined from examination of such plans
and specifications that they give assurance that the work will conform to
the provisions of this code. If a permit is denied, the applicant may submit
revised plans and specifications without payment of any additional fees. If,
in the course of the work, it is found necessary to make any change from the
plans and specifications on which a permit has been issued, amended plans
and specifications shall be submitted and a supplementary permit, subject
to the same conditions applicable to the original application for permit,
shall be issued to cover the change.
B.
Permit approval. Permits shall be granted or refused
within ten (10) days after the application and the submission of plans and
specifications has been received by the Code Enforcement Officer.
C.
Permit cancellation. Every permit shall be considered
canceled if active work is not commenced within a period of six (6) months
from the date of its issue and the work completed within twenty-four (24)
months from said date.
D.
Other permits required. If access from the premises is
required onto a state road, the applicant must obtain a permit for such access
from the Pennsylvania Department of Transportation prior to the issuance of
any building permit.
A.
Inspection and tests. It shall be the duty of the Code
Enforcement Officer to enforce the provisions of this code and to make the
inspections and tests required thereunder.
B.
Right of entry. The Code Enforcement Officer shall, after
proper identification, have the right to enter any premises for the purpose
of inspecting any building, structure or premises at such time as may be reasonably
necessary to enforce the provisions of this code.
A.
Whenever the Code Enforcement Officer shall deny an application
or refuse to grant a permit or when it is claimed that the provisions of the
code do not apply or that the true intent and meaning of the code have been
misconstrued or misinterpreted, the applicant may appeal from the decision
of the Code Enforcement Officer to the Freedom Code Review and Appeal Board
within thirty (30) days from the date of such decision.
B.
The provisions of Section 121.0 of the BOCA National
Building Code, 1993 Edition, shall govern the membership, procedures and right
of appeal from the decisions of the Code Enforcement Officer to the Freedom
Code Review and Appeal Board, except as indicated or amended by the provisions
of this section.
C.
Appeals shall be made to the Freedom Code Review and
Appeal Board, the members of which shall be appointed by the Council of the
Borough of Freedom as set forth in Section 121.2 of the BOCA National Building
Code, 1993 Edition. Upon the death or resignation of any member of the Board
or upon removal of any member for failure to attend meetings, his replacement
shall be appointed by the Borough Council for the remainder of the term of
the member being replaced.
A.
The provisions of Section 122.2.1 and 122.2.2 of the
BOCA National Building Code, 1993 Edition, relating to specific qualifications
for Board members, are hereby deleted.
B.
The provisions in Section 121.5 of the BOCA National
Building Code, 1993 Edition, are hereby amended to read as follows:
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121.5 Adjourned Meeting: When at least three (3) of the
five (5) members are not present to consider a specific appeal, the hearing
shall be adjourned to a date no later than ten (10) days after the original
hearing date.
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C.
The provisions of Section 121.6 of the BOCA National
Building Code, 1993 Edition, are hereby amended to read as follows:
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121.6 Action of Board: The Board shall affirm, modify or
reverse the decision of the Code Enforcement Officer by a concurring vote
of the majority of the members present at the time of the appeal hearing.
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A.
Any person who shall violate any of the provisions of
the code hereby adopted or fail to comply therewith, or who shall violate
or fail to comply with any order made thereunder, or who shall build in violation
of any detailed statement of specifications or plans submitted and approved
thereunder, or any certificate of permit issued thereunder, and from which
no appeal has been taken, or who shall fail to comply with such an order as
affirmed or modified by the Code Enforcement Officer, or by a court of competent
jurisdiction, within the time fixed herein, shall severally for each and every
such violation and noncompliance, respectively, be punishable by a fine not
to exceed one thousand dollars ($1,000.) and the costs of prosecution and,
in default of the payment of the fine and costs, shall be subject to imprisonment
for a term not to exceed thirty (30) days. The imposition of one (1) penalty
for any violation shall not excuse the violation or permit it to continue,
and all such persons shall be required to correct or remedy such violations
or defects within a reasonable time; and when not otherwise specified, each
day that prohibited conditions are maintained shall constitute a separate
offense.
B.
The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
