[HISTORY: Adopted by the City Council of the City of Harrisburg 9-23-2003 by Ord. No.
25-2003. Amendments noted where applicable.]
It is the intent and purpose of this chapter to adopt a modern
existing building code which will prescribe effective standards and
minimum requirements to safeguard the public health, safety and welfare
insofar as they are affected by the repair, alteration, change of
occupancy, addition to and relocation of existing buildings.
In accordance with Section 608 of the Optional Third Class City
Charter Law, Act of July 15, 1957, P.L. 901, 53 P.S. § 41608,
and Section 4130 of the Third Class City Code, Act of June 28, 1951,
P.L. 662, as amended, 53 P.S. § 39130, there is hereby adopted
by the City, for the purpose of prescribing specifications and regulations
to insure the structural safety and incombustibility of the repair,
alteration, change of occupancy, addition to and relocation of existing
buildings within the City, that certain existing building code known
as the "International Existing Building Code, 2003 Edition," and all
appendixes thereto, as supplemented and published by the International
Code Council, except such provisions which are in conflict with regulations
promulgated by the Pennsylvania Department of Labor and Industry interpreting
the Uniform Construction Code pursuant to Section 301 of the Pennsylvania
Construction Code Act, Act of November 10, 1999, P.L. 491, 35 P.S.
§ 7210.301, or any other state law on the subject or regulations
issued by a state agency by virtue of a state law. Ten copies of the
Existing Building Code are presently on file in the office of the
City Clerk, and such code is hereby adopted and incorporated as if
fully set forth at length herein. The provisions of the adopted Existing
Building Code shall be controlling within the limits of the City,
except as amended by the provisions of this chapter.
The following sections of the International Existing Building
Code, 2003 Edition, as adopted herein, are hereby deleted in their
entirety and replaced as indicated:
A.
Chapter
1, Administration.
(1)
Section
101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as
the "Existing Building Code of the City of Harrisburg," hereinafter
referred to in this chapter as "this code."
|
(2)
Section
103.1 is amended to read as follows:
103.1 General. The City of Harrisburg Department
of Building and Housing Development, Bureau of Codes Enforcement (also
referred to in this code as "Department of Building Safety"), or any
other department, bureau or division of the City designated by the
Mayor, shall administer and enforce this code or any part thereof,
and the executive official in charge thereof shall be known as the
"Codes Administrator" (also referred to in this code as "Building
Official").
|
Whenever any provision or requirement of the Commonwealth of
Pennsylvania Department of Labor and Industry is more stringent or
stricter than a provision or requirement of the City Existing Building
Code, the Department of Labor and Industry's provision shall
supersede any such provision or requirement of the Existing Building
Code.
Any person, firm, corporation, association or other entity who is aggrieved by a ruling, decision or action of any department, bureau or other division of the City in regard to the administration or enforcement of any of the provisions of the Existing Building Code may appeal the ruling, decision or action complained of in writing to the Building and Housing Code Board of Appeals of the City of Harrisburg in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances.
A.
Any person, whether individually or as a member or employee of a
partnership, or any officer, agent or employee of a corporation who
directs or knowingly permits any violation of any of the provisions
of the sections of this Existing Building Code, or who aids or assists
therein, either on his/her own behalf or in the interests of his/her
employer or principal, or who fails to comply with any order made
thereunder, or who builds in violation of any detailed statement of
specifications or plans submitted and approved in accordance with
this code or any certificate of approval issued thereto and from which
no appeal has been taken, or who fails to comply with such order as
affirmed or modified by the City shall, upon conviction thereof, severally
and for each violation and noncompliance, respectively, be fined not
less than $50 nor more than $1,000, plus costs, or shall be imprisoned
in the Dauphin County Prison for not more than 90 days for each separate
violation, or both. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all persons
required to do so shall correct and remedy violations or defects within
a reasonable time, and, when not otherwise specified, each five days
that the prohibited conditions are maintained shall constitute a separate
offense.
B.
The application of the above penalty shall not prevent the enforced
removal of the prohibited conditions or device or any other remedy
at law or equity available to the City for enforcement of this chapter.