[HISTORY: Adopted by the Borough Council of the Borough of
Girard as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-15-1974 by Ord. No. 467 (Ch. V, Part 2, of the
1974 Code of Ordinances)]
This article shall be known as the "One- and Two-Family Dwelling
Code of Girard Borough."
There is hereby adopted by the Borough of Girard, Erie County,
Pennsylvania, for the purpose of establishing rules and regulations
for the fabrication, erection, construction, reconstruction, enlargement,
alteration, addition to, repair, location and use of detached one-
and two-family dwellings, their appurtenances and accessory structures,
the "BOCA One- and Two-Family Dwelling Code, First Edition, 1971,"
and each and all of the regulations, provisions, penalties, conditions,
and terms of the said code are hereby referred to, adopted and made
a part hereof as if fully set out in this article, with the additions,
insertions, deletions, and changes, if any, hereinafter set forth,
of which not less than three copies have been and now are on file
in the office of the Secretary of the Borough of Girard.
The One- and Two-Family Dwelling Code is hereby changed and
amended in the following respects:
A.
Section R-106 of the said code is hereby amended to read as follows:
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R-106 Violations and penalties: It shall be unlawful
for any person, firm or corporation, whether as owner, lessee, sublessee,
or occupant, to fabricate, erect, construct, reconstruct, enlarge,
alter, add to, repair, locate, improve, remove, convert, demolish,
equip, use, occupy, or maintain any one- or two-family dwelling in
the Borough of Girard, or cause or permit the same to be done, contrary
to or in violation of any of the provisions of this code.
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It is hereby declared that certain violations of this code may
constitute a public nuisance, and, in addition to any other remedies
provided by this code for its enforcement, Girard Borough may bring
civil suit to enjoin the violation of any provisions of this code.
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If for any reason any one or more sections, sentences, or parts
of this code are held invalid, such judgment shall not affect, impair,
or invalidate the remaining provisions. Any person, firm, or corporation
violating any of the provisions of this code shall, upon conviction
thereof, be sentenced to pay a fine not exceeding $300, and costs
of prosecution, and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days. Provided: each and every
day or portion thereof during which any violation of any provision
of this code is committed or continued shall constitute a separate
offense.
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B.
Section R-107 of the said code is hereby amended to read as follows:
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R-107 Right of appeal: All persons shall have the
right to appeal the Building Official's decision to the Board
of Appeals, and the terms and provisions of Section 127, including
all subsections thereunder, of the Building Code of Girard Borough
shall apply with respect to said right of appeal.
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C.
Chapter 25, Section P-2501 to P-2510, of the said code is hereby
deleted in its entirety and the following is hereby added to read:
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Chapter 25, Sewers and Private or Individual Sewage Disposal
Systems: Said systems shall comply with the Pennsylvania Sewage
Facilities Act, Act 537, as amended, approved January 24, 1966, and
all amendments and supplements thereto.[1]
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[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
In interpreting any of the provisions of the code hereby adopted,[1] the following principles shall be governing:
A.
The said code shall not supersede any provision of any law of the
commonwealth or of any regulation promulgated by any department or
agency of the commonwealth by authority of law, where such law or
regulation is in conflict with or identical to a provision of the
said code or where such law or regulation deals with a subject that
local authorities have no authority to regulate; provided, however,
that any provision of the said code that is stricter than or in addition
to any state law or regulation governing a particular subject or activity
shall be in effect and shall be enforced within the Borough of Girard,
subject to the penalties herein prescribed for violation[2] of the said code hereby adopted.
B.
Mention in or regulation by the code hereby adopted of any specific use of property or of any business or industry shall not in itself authorize such use of property or the carrying on of such business or industry in the Borough. It is hereby declared that it is the intent of the Borough Council that permitted and prohibited uses of property within the Borough shall be as governed by Chapter 425, Zoning, of the Code of the Borough of Girard, and its amendments and supplements.
The provisions of this article, and of the code hereby adopted,[1] so far as they are the same as those of ordinances in
force immediately prior to the enactment of this article, are intended
as a continuation of such ordinances and not as new enactments. Nothing
in this article or in the code hereby adopted shall affect any act
done or liability incurred, nor shall it affect any suit or prosecution
pending or to be instituted to enforce any right or penalty or to
punish any offense under the authority of any such prior ordinance.
[Adopted 6-21-2004 by Ord. No. 686]
The Borough of Girard adopts and incorporates by reference the
following codes as its Construction Code:
A.
Provisions of Chapters 2 to 29 and 31 to 35 of the International
Building Code.
B.
The International Residential Code, exclusive of its Chapter 1, but including Sections R101, R102 and R106 and including Sections AE501 through AE503 and AE601 through AE605 of its Appendix E.
C.
The International Electrical Code, exclusive of its administrative
provisions, aside from those defining its scope, construction plan
requirements and required testing and inspections, to the extent they
do not conflict with administrative regulations implementing the UCC.
D.
The International Mechanical Code, exclusive of Chapter 1, but including Sections 101.1, 105, 106.3 and 107 to the extent they do not conflict with the administrative regulations implementing the UCC.
E.
The International Fuel Gas Code, exclusive of its Chapter 1, but including Section 101 to the extent it does not conflict with the administrative regulations implementing the UCC.
F.
The International Plumbing Code, exclusive of its Chapter 1, but including Sections 101, 104.1, 104.5, 105, 106.3 and 107 to the extent they do not conflict with the administrative regulations implementing the UCC.
G.
The International Fire Code, exclusive of its Chapter 1, but including Sections 101.1 to 101.3, 102, 103.1 to 103.3, 104.3, 104.4, 104.5, 105, 106, 107, 109.1, 110 and 111 to the extent they do not conflict with the administrative regulations implementing the UCC.
H.
The International Energy Conservation Code.
I.
Code requirements for housing accessibility.
The Borough of Girard adopts by reference regulations governing
training and certification, administration and other matters governing
implementation of the UCC as adopted by the Pennsylvania Department
of Labor and Industry, as the same in the future may be amended.
Girard Borough hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 to 7210.1103, as amended from time to time,
and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the Municipal Building Code of Girard Borough.
Administration and enforcement of the code within Girard Borough
shall be undertaken in any of the following ways as determined by
the Girard Borough Council from time to time by resolution:
A.
By the designation of an employee of Girard Borough to serve as the
Borough Code Official on behalf of Girard Borough.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Girard Borough.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of Girard Borough.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous-use structures.
A Board of Appeals shall be established by resolution of the
Borough of Girard in conforming to the requirements of the relevant
provisions of the code, as amended from time to time, and for the
purposes set forth therein. If at any time enforcement and administration
is undertaken jointly with one or more other municipalities, said
Board of Appeals shall be established by joint action of the participating
municipalities.
A.
A Joint Board of Appeals shall be established in accordance with
35 P.S. § 7210.501(c) and administrative regulations adopted
by the Department of Labor and Industry to hear appeals from decisions
of the Building Code Official and/or Construction Code Official.
B.
A member of the Board of Appeals holds office at the pleasure of
the governing bodies of the municipalities participating in the intermunicipal
agreement and may be removed with or without cause by a majority vote
of the governing bodies of the participating municipalities. The Board
of Appeals may not act upon appeals, requests for variance or requests
for extension of time which relate to matters regulated and governed
by state laws and Borough ordinances other than the UCC and this article.
C.
An action pertaining to an unsafe building, structure or equipment
shall not be stayed by virtue of an appeal.
D.
The Board of Appeals shall decide an appeal or request for variance
or for extension of time by reviewing documents and written briefs
or arguments, unless the owner requests a hearing. In the event an
owner requests a hearing, the owner shall with such request pay all
additional fees therefor as are imposed by resolution of the Girard
Borough Council.
E.
The Board of Appeals shall hold a hearing within 60 days after the
date of an applicant's request and payment of required fees therefor,
unless the applicant has agreed in writing to an extension of time.
F.
An application for appeal shall be based on a claim that the true
intent of the UCC or regulations adopted under it have been incorrectly
interpreted; that the provision of the UCC do not fully apply; or
that an equivalent form of construction is to be used. In considering
appeals under this section, the Board of Appeals shall only consider
the following in making its decision:
A.
The Board of Appeals may consider the following factors when ruling
upon a request for extension of time or a request for variance from
regulations:
(1)
The
reasonableness of application of the UCC and this article's additional
standards to the particular case.
(2)
The
extent to which the granting of a variance or an extension of time
will pose a violation of the UCC and/or additional standards in this
article or an unsafe condition.
(3)
The
availability of professional or technical personnel needed to come
into compliance.
(4)
The
availability of materials and equipment needed to come into compliance.
(5)
The
efforts being made to come into compliance as quickly as possible.
(6)
Compensatory
features that will provide an equivalent degree of protection to the
UCC and additional standards in this article.
B.
Economic
cost shall not furnish justification for granting an appeal or a variance
or extension of time.
C.
In considering an appeal or a request for variance, the Board of
Appeals may deny the request in whole or in part; grant the request
in whole or in part; grant the request upon certain conditions being
satisfied; or grant other appropriate relief.
D.
The Board of Appeals shall provide written notice of its decision
to the owner and the Building Code Official. The Building Code Official
shall provide a copy of said decision to the Girard Borough Zoning
Administrator within seven days after his or her receipt thereof.
E.
The Girard Borough Council, by resolution, may impose fees for appeals.
Such fees shall be paid contemporaneously with submission of an appeal
petition.
F.
The firm(s) retained by the Borough may establish fees approved by
the Borough of Girard for additional services required of it in appeal.
G.
The Girard Borough Council, by resolution, is authorized to establish
fees to be paid to members of the Board of Appeals for services rendered.
H.
The municipality involved in a proceeding before the Board of Appeals
shall be responsible for payment of fees due to Board members for
such proceeding. Fees established for appeals may include such costs
as the Girard Borough Council deems reasonable.
A.
All building
code ordinances or portions of ordinances which were adopted by Girard
Borough on or before July 1, 1999, and which equal or exceed the requirements
of the code shall continue in full force and effect until such time
as such provisions fail to equal or exceed the minimum requirements
of the code, as amended from time to time.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this article and whose requirements
are less than minimum requirements of the code are hereby amended
to conform with the comparable provisions of the code.
C.
All relevant ordinances, regulations and policies of Girard Borough
not governed by the code shall remain in full force and effect.
A.
Fees assessable
by Girard Borough for the administration and enforcement undertaken
pursuant to this article and the code shall be established by the
governing body by resolution from time to time.
B.
No application for a permit, certificate or other service to be provided
by the Borough shall be accepted unless all fees and deposits required
therefor are paid with the application or other request.
C.
No application for a UCC construction permit or construction plan
approval shall be accepted or referred to the retained firm(s) unless
all fees and deposits required therefor are paid with such.
D.
If an initial deposit fund has been or soon will be exhausted, the
Borough's Zoning Administrator or the retained firm(s), as the
case may be, shall have authority to require that the applicant pay
one or more additional deposits toward fees for additional services.
E.
If a fee or deposit under this article, resolution of Girard Borough
Council or contract with retained firm(s) is not paid by the date
required therefor, the Borough or the retained firm(s), as the case
may be, shall not perform any inspection, review or other service
and shall not issue any permit, report or certificate until such time
as the required fee or deposit has been paid in full.
The Girard Borough Council is authorized to enter into one or
more intermunicipal agreements with other municipalities in Erie County
to provide for enactment of consistent ordinances implementing, administrating
and enforcing the UCC and for retention by said municipalities of
one or more firm(s) to provide plan review, inspection and administrative
enforcement services required under the Act and this article.
A.
Any person or entity committing any act(s) prohibited herein (or
in the Uniform Construction Code as adopted by this article) shall
violate this article and commit a summary offense.
B.
Each day that a violation of this article continues shall be considered
a separate violation.
C.
This article shall be enforced to include all attorneys' fees
and costs payable in enforcement actions.
D.
A fine in the amount of $25 per violation and per day of violation
is hereby prescribed for all violations of this article.
Actions to enforce the UCC and/or this article and actions to
enjoin unlawful construction or activities or compel action to remedy
violations brought in the District Justice Court or Court of Common
Pleas of Erie County shall be instituted and prosecuted by the Borough.
The firm(s) retained by Girard Borough under contract shall assist
in prosecution of such actions, including but not limited to providing
testimonial and documentary evidence. In the event the Borough is
required to commence an action for enforcement of this article or
for other relief in equity or at law as consequence of a violation,
the Girard Borough Zoning Administrator and Solicitor are authorized
to prosecute said actions, and the Borough, in addition to fines for
violation and other relief, shall be entitled to recover from the
violator all costs and all attorneys' fees incurred in the proceeding.
The Borough's remedies shall be deemed to be cumulative. Election
of one remedy shall not foreclose any alternative remedy.
Municipal code, zoning and other municipal officers or employees
charged with the civil or criminal enforcement of this code, while
acting for the municipality and within the scope of their employment,
shall not thereby be rendered liable personally and are hereby relieved
from all personal liability for any damage accruing to persons or
property as a result of an act required or permitted in the discharge
of official duties.
The person(s) or firm(s) retained by the Borough under contract
to provide services under the UCC and this article shall retain for
the Borough and as property of the Borough all documents received
and generated in performance of its duties and shall provide to the
Zoning Administrator such reports and documents as are required in
the contract(s), these to include, at a minimum:
A.
Written certification of approval of construction plan.
B.
Copy of site plan after foundation inspection certifying location
of all buildings.
C.
Monthly report of inspections conducted.
D.
Weekly reports of building activity.
E.
Decisions of Board of Appeals pertaining to the Borough.
F.
Final inspection reports.
G.
UCC certificate of occupancy.
