Borough of Marcus Hook, PA Building Construction

Editor's Note: Former Ch. 76 consisted of Ord. No. O-83-12, adopted 12-5-1983, approved 12-5-1983, as amended.

The following sections are hereby revised as follows:

In Section 101.1, second line, insert "the Borough of Marcus Hook, Delaware County, Pennsylvania."

In Section 104.1, Code official, insert "For the purpose of this chapter, the term 'code official' shall be synonymous with 'Code Enforcement Officer' wherever it may appear."

In Section 108.5, Approved construction documents, add a second and third sentence to read as follows: "Where required, approval of local boards, commissions or Borough Council shall be secured prior to the issuance of a permit. Approval of the Pennsylvania Department of Labor and Industry shall be secured, where applicable, prior to the issuance of a permit."

In Section 110.0, Demolition of Structures, insert the following:

	110.1.1 Other permits required: At the time of filing an application for a permit, the applicant must provide evidence of receipt of all necessary permits, licenses, approvals and/or variances as may be required by the laws of the municipality and the commonwealth. Individuals, agencies, boards and commissions issuing aforesaid permits, licenses, approvals and/or variances shall include, but not be limited to, the Zoning Officer, Zoning Hearing Board, 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.
	110.1.2 Stay of demolition: The code official is to advise the Council of the Borough of Marcus Hook of any application received for a permit to demolish any structure included in the Delaware County Historic Resources Survey for Marcus Hook Borough, August 1981. The Council may order a stay of demolition for no more than 120 days in order to develop alternative strategies for preserving any and all buildings included in the Delaware County Historic Resources Survey for Marcus Hook Borough, such structures having historic and/or cultural value to the community.
	110.1.3 Determination of Building Official: In the event that the owner or agent is unable to obtain the releases required in Section 110.1, the code official shall inspect the premises for which application has been made to determine that utility service connections and appurtenant equipment have been removed or scaled and plugged in a safe manner.
	110.1.4 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 owner of the structure being demolished.
	110.1.5 Inclusions in work: The work to be performed shall include the demolition of all structures, vaults, steps and walls and the disposal of all excess material, junk and rubbish.
	110.1.6 Building permit required: 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 Borough of Marcus Hook.
	110.1.7 When sidewalk shed required: 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 ensure safety at all times.
	110.1.8 Fencing: When the horizontal distance from the 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 to 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 is employed, the buildings 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 mass on an upper floor. Bulky material, such as beams and columns, shall be lowered and not allowed to fall.
	110.1.9 Barriers: Suitable barriers subject to the approval of the code 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 code official, constitute a hazard or a dangerous condition.
	110.1.10 Warning signs: The contractor shall furnish, erect and maintain approved danger, warning and "keep-out" signs at places and locations where the placing of such signs is warranted, especially in working areas, or as directed by the code official.
	110.1.11 Prevention of spread of dust: 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.
	110.1.12 Capping of sewer laterals: All sewer laterals must be capped at the curb by the contractor before any demolition starts. A permit must be obtained from the Plumbing Inspector of the Borough of Marcus Hook.
	110.1.13 Removal of combustible materials: 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.
	110.1.14 Window and door frames: Window and door frames shall not be removed until the demolition work shall have progressed to their elevations in the walls.
	110.1.15 Walls above first floor: No portions of walls above the elevation of the first floor and located immediately adjacent and parallel to any street shall be thrown, but they shall be barred loose and demolished piecemeal.
	110.1.16 Removal of floors, fixtures and apparatus: 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.
	110.1.17 Adjacent buildings: The contractor shall leave contiguous 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 shall be repaired or restored by the contractor to the satisfaction of the code 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 contiguous buildings left exposed by this demolition shall be preserved-treated in the manner specified in BOCA Section 3309.3.1 so as to seal the surface of such walls and provide adequate weather protection. All work required by this section shall be completed within 30 days from the date any demolition work results in exposure to the elements of contiguous building walls or parapets, which time may be extended by the code official for good cause.
	110.1.18 Additional materials: The contractor shall furnish, at his 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 code official, and a sufficient quantity shall be on hand to ensure uninterrupted progress in completing the backfilling. On completion of the demolition, the cellar shall be filled to a level not higher than the existing sidewalk and yard. All backfilling shall be done in twelve-inch layers and each layer compacted by a ten-ton roller or its equivalent. Compacting the backfill with any loader is not acceptable. 18 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 that a rotary mower can be used in cutting the grass or weeds.
	110.1.19 Burning prohibited: No burning shall be permitted on the site. Combustible material shall be disposed of by the contractor.
	110.1.20 Removal of debris and equipment: 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.

Section 112.3.1, Fee schedule, shall be changed to read as follows: "Fees for plan examination, building permit and inspection shall be determined by resolution by the Council of the Borough of Marcus Hook and may, from time to time, be changed by resolution."

Section 112.5, Refunds: delete in its entirety.

In Section 117.2, Unlawful continuance, the last part of the sentence shall read "shall be liable to a fine as prescribed in this chapter."

Section 119.0, Unsafe Structures and Equipment, is revised as follows:

119.1.1 Right of condemnation: To further clarify the intent of this section regarding unsafe structures, where conditions or defects herein described exist to the extent that life, health, property or safety of the public or the occupants of the structure is endangered, such structures shall be deemed to fall within the meaning of this chapter.
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.
2.		Whenever any portion thereof 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 dislodged or to collapse and thereby injure persons or property.
3.		Whenever any building or structure has become so dilapidated or deteriorated as to become an attractive nuisance to children or a harborage for vagrants or criminals, so as to enable persons to resort thereto for the purpose of committing unlawful acts.
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 code official to be a fire hazard.
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.
119.3 Notice: 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 the Building Code are hereby designated as unsafe building appendages.
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 the code or such alternate procedures as may have been or may be adopted by this jurisdiction. As an alternative, the code official, or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation.
119.6 Disregard of unsafe notice:
1.	General. After any order of the code official made pursuant to this chapter 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 guilty of a summary offense.
2.	Failure to obey order. If, after any order of the code official made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the code official may cause such person to be prosecuted for a summary offense or institute any appropriate action to abate such building as a public nuisance.
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 order issued under this chapter becomes effective:
	(a)		The code 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 a Summary Offense To Occupy This Building or To Remove or Deface This Notice. Code Official, Borough of Marcus Hook."
	(b)		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 code official have been completed and a certificate of occupancy permit has been issued pursuant to the provisions of the BOCA Building Code Section 118.1.
	(c)		The Code Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the defect or, if the notice and order required demolition, cause the building to be demolished and the materials, rubble and debris therefor 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 Code Official, he shall sell the materials of 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 the lot shall be paid over to the person or persons lawfully entitled thereto.
	(d)		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 code official may, at his discretion, grant an extension of time, not to exceed an additional 60 days, within which to complete said repair, rehabilitation or demolition if the code 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.
4.	Abatement of unsafe buildings. All buildings or portions thereof which are determined after inspection by the code official to be unsafe as defined in this chapter 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 chapter:
	(a)		If the unsafe building, whether or not vacant, can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered to be repaired in accordance with the current Building Code.
	(b)		If the cost of such repair, alterations to any unsafe building or improvement shall exceed 50% of the value of the structure or if it cannot be repaired so that it will no longer exist in violation of the provisions of this chapter, it may be ordered to be demolished by the Building Official.

In Section 121.1, Application for appeal, delete the first sentence and add: "Any person shall have the right to appeal a decision of the code official to the Council of the Borough of Marcus Hook. An application for a special hearing may be made in writing to the Manager/Secretary's office within 20 days of the time the notice was served."

In Section 121.2, Membership of board, replace with: "For the purpose of this chapter, the word 'Board,' wherever it may appear in this code, will be defined as meaning the Council of the Borough of Marcus Hook."

Sections 121.2.1 through 121.2.6 are hereby deleted.

In Section 121.5, Postponed hearing, change the words "When five members" to the words "When any four Council members."