[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin 6-15-2004 by Ord. No. 1132. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Borough
of West Mifflin Construction Code Ordinance."
A.
By Act 45 of 1999,[1] the Pennsylvania Legislature provided for the adoption
of a Pennsylvania Uniform Construction Code and directed the Department
of Labor and Industry to promulgate regulations for the Uniform Construction
Code. In 2002, the Department of Labor and Industry adopted final
regulations governing certification and training of persons to administer
the Uniform Construction Code, and on January 10, 2004, the Department
issued final regulations for the administration of the Uniform Construction
Code. The Uniform Construction Code incorporates the International
Building Code/2006, including Appendixes A through J, the International
Residential Code/2006, including Appendixes A through L, the International
Existing Building Code/2006, the International Fire Code/2006, the
International Fuel Gas Code/2006, the International Mechanical Code/2006,
the International Property Maintenance Code/2006,[2] the International Code Council Performance Code/2006,
the International Private Sewage Disposal Code/2006, the International
Wildland-Urban Interface Code/2006, and the International Code Council
Electrical Code/2006, all of which are adopted as the building codes
of the Borough of West Mifflin.
[Amended 2-19-2008 by Ord. No. 1156]
B.
In accordance with Section 302(a) of the Pennsylvania Construction
Code Act,[3] this chapter does not adopt the International Plumbing Code/2006. All plumbing regulations governing the installation, reconstruction or remodeling of plumbing fixtures shall be in accordance with the ordinances and regulations of the County of Allegheny Plumbing Code, Allegheny County Health Department Rules and Regulations, Article XV, Plumbing and Building Drainage, which is adopted and applicable to the Borough of West Mifflin as the Borough's Plumbing Code.
[Amended 2-19-2008 by Ord. No. 1156]
[3]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[Amended 2-19-2008 by Ord. No. 1156]
The Borough hereby adopts the standards which the Pennsylvania
Department of Labor and Industry has made part of the Pennsylvania
Uniform Construction Code identified in Section 403.21 of the Labor
and Industry Regulations[1] as the Borough of West Mifflin's Construction Code,
with the following additions to the International Building Code/2006:
A.
BOROUGH
BOROUGH COUNCIL
BUILDING CODE OFFICIAL
CONSTRUCTION OFFICIAL
DEP
HISTORIC BUILDINGS
L & I
L & I REGULATIONS
PENNSYLVANIA CONSTRUCTION CODE ACT
UNIFORM CONSTRUCTION CODE
Section 202, Definitions, shall be amended by inserting or revising
the following definitions in alphabetical order:
Borough of West Mifflin, Allegheny County, Pennsylvania.
The governing body of the Borough.
A person or entity certified by Labor and Industry under
Section 103 of the Pennsylvania Construction Code Act.[2] The term includes an individual certified in a category
established under Chapter 401 of the Labor and Industry Regulations
to manage building code enforcement activities, supervise building
inspectors or plan examiners, issue building permits, occupancy permits,
notices of violations, and orders to vacate and initiate prosecution.
A person or entity certified by Labor and Industry under
Section 103 of the Pennsylvania Construction Code Act[3] in an appropriate category established under Section 701(b)
of the Pennsylvania Construction Code Act[4] to perform plan review of construction documents, inspect
construction or administer and enforce codes and regulations in that
category under the Pennsylvania Construction Code Act or related statutes.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Buildings that are listed in or eligible for listing in the
National Register of Historic Places or designated as part of the
Historic District by Borough ordinance or, if not specifically designated
as part of the Historic District by Borough ordinance, were constructed
50 years prior to the effective date of this chapter.
The Department of Labor and Industry of the Commonwealth
of Pennsylvania.
All regulations adopted by L & I to implement the Pennsylvania
Construction Code Act.
Act 45 of 1999, 35 P.S. § 77210.101 et seq., as
amended.
The code adopted pursuant to the Pennsylvania Construction
Code Act and the L & I Regulations.
B.
Section 1612.3 is amended by inserting "Borough of West Mifflin"
and "August 1980" in the respective blanks.
C.
Section 3410.2 is amended by inserting the date of July 1, 2004,
for residential dwellings and July 1 2004, for nonresidential structures.
[1]
Editor's Note: See 34 Pa. Code Chapter 403.
[Amended 2-19-2008 by Ord. No. 1156]
The Borough hereby adopts the provisions of Chapter 1, Administration, of the International Building Code/2006 and the provisions of the L & I Regulations set forth below to govern administration and enforcement of the West Mifflin Borough Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the codes set forth in Section 403.21 of the L & I Regulations[1] or the L & I Regulations relating to administration or enforcement. Changes from the International Building Code/2006, Chapter 1, and the L & I Regulations to the West Mifflin Borough Construction Code are as follows:
A.
Section 101.1. Insert "Borough of West Mifflin, Allegheny County,
Pennsylvania."
B.
Section 101.2 shall provide as follows:
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Section 101.2 Scope. These regulations shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of all buildings and structures and shall apply to existing or proposed structures except as such matters are otherwise provided for in other ordinances or statutes, including but not limited to Chapter 290, Zoning, Chapter 250, Subdivision and Land Development, Chapter 240, Stormwater Management, or in the rules and regulations authorized for promulgation under the provisions of this Construction Code. Whenever there is a conflict between the provisions of this Construction Code and any other Borough ordinance, including but not limited to Chapter 290, Zoning, it is the intent of Borough Council that the more stringent requirement shall apply. Plumbing constructions and regulations shall be regulated by Allegheny County ordinances and regulations.
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C.
Section 101.3 shall be amended by adding the following sentence to
the existing section:
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It is the further intent of Borough Council that all construction
within the Borough shall comply with the provisions of the Americans
With Disabilities Act and all applicable regulations to implement
the Americans With Disabilities Act promulgated by federal and state
regulatory agencies and with the code requirements for housing accessibility,
and this Code shall be interpreted in a manner which fulfills this
intent. It is also the further intent of Borough Council to comply
with the requirements of the Pennsylvania Construction Code Act and
the L & I Regulations.
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D.
Section 101.4.5 shall be deleted in its entirety.
E.
Section 103, Department of Building Safety, shall be deleted in its
entirety, and a new Section 103, Administration, shall be inserted
which shall provide as follows:
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SECTION 103
ADMINISTRATION
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103.1 Building Official. Borough Council shall
appoint a person or entity to serve as a Building Code Official and
a Construction Code Official as those terms are defined in the L &
I Regulations. Both the Building Code Official and the Construction
Code Official shall be considered the "Building Official" as such
term is defined and used in the Construction Code.
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103.2 Powers and duties of Building Code Official and
Construction Code Official. The Building Code Official shall
have all powers set forth in the L & I Regulations and shall have
the powers and duties of the Building Official set forth in this Construction
Code. The Construction Code Official shall have the powers set forth
in the L & I Regulations and may also have the powers of the Building
Official set forth in this Construction Code. The respective duties
and responsibilities of the Building Code Official and the Construction
Code Official shall be determined by Borough Council and shall be
within the limitations of any certifications required or issued by
L & I.
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103.2.1 The Building Code Official shall serve at the
pleasure of Borough Council. The Building Code Official shall
provide supervision of the Construction Code Official, receive uniform
construction code permit applications, address citizen inquiries,
concerns and complaints, issuing building permits, occupancy permits,
and manage code enforcement activities, including but not limited
to issuing notice of violations and orders to vacate and initiation
of prosecutions.
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103.2.2 The Construction Code Official shall serve at
the pleasure of Borough Council. The Construction Code Official
shall perform plan review of construction documents, issue Construction
Code permits, inspect construction, provide the Building Code Official
with reports of inspections and recommendations upon issuance of certificates
of occupancy, and administer and enforce this Construction Code.
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103.3 Organization. Borough Council shall appoint
such other officers, technical assistants, inspectors and other employees
as shall be necessary for the administration of this Construction
Code.
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F.
Section 104.4 shall be amended by inserting the following language
after the first sentence:
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The Building Official shall have the right to reject any report
performed by any individual or agency unless the permit holder has
requested and obtained the prior approval of the Building Official
for such individual or agency to perform such inspection. Any individual
or agency performing such inspection and providing such report shall
demonstrate to the satisfaction of the Building Official that such
individual or agency has obtained all necessary certifications from
L & I.
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H.
Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter 1 of the International Building Code/2006 shall not be a part of the Borough Construction Code. The Borough hereby adopts and incorporates Sections 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L & I Regulations[3] to govern applications for and issuance of Construction
Code permits for nonresidential and residential construction, with
the changes set forth below:
(1)
Sections 403.42(a) and 403.62(a) shall be amended by inserting the
following at the end of the existing sections:
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It shall be the joint responsibility of the owner, lessee, if
any, and the contractor to determine that a Construction Code permit
(and all other required permits and approvals) has been obtained before
performing any work. It shall be unlawful for any contractor or subcontractor
to perform any work for which a Construction Code permit is required
unless the owner and contractor obtain and post a Construction Code
permit as required by this Construction Code.
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(2)
Sections 403.42(b) and 403.62(b) shall be amended by inserting the
following at the end of the existing sections:
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At the time of filing an application for a Construction Code
permit, the applicant shall present to the Building Code Official
adequate evidence that the applicant has obtained from all governmental
authorities having jurisdiction all permits, licenses, approvals and/or
variances required in connection with the proposed use, occupancy,
construction, enlargement, alteration or demolition. Such agencies
shall include but not be limited to the Zoning Officer, Zoning Hearing
Board, public water service provider, public sewage service provider,
Fire Marshal, DEP, L & I, and the Pennsylvania Departments of
Community and Economic Development and Transportation. No application
for a Construction Code permit is complete without a copy of any required
zoning permit and proof of any required subdivision and/or land development
approval, stormwater management plan approval.
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(3)
Sections 403.43(h) and 403.63(h) shall be amended by inserting the
following at the end of the existing sections:
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The applicant shall post a copy of the Construction Code permit
at a location on the property clearly visible to members of the public.
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[3]
Editor's Note: See 34 Pa. Code Chapter 403.
I.
A new Section 108.1.2 shall be inserted which shall provide as follows:
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108.1.2 Time of payment of fees. Applicants for
permits under this Construction Code shall pay to the Borough at the
time of application all fees established for the review of the application
and plans. Prior to the issuance of a Construction Code permit, applicants
shall pay to the Borough the estimated fees for all inspections required.
If additional inspections become necessary during the course of construction,
applicants shall reimburse the Borough for all such costs within 15
days after the date of an invoice for such costs. Applicants shall
pay to the Borough costs incurred for all inspections required during
the course of construction prior to the issuance of a certificate
of use and occupancy for the structure for which a Construction Code
permit has been issued.
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J.
Section 108.4 shall be revised to provide:
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108.4 Work commencing before permit issuance. Any
person who commences any work on a building, structure, electrical,
gas, mechanical, or plumbing system before obtaining the necessary
Construction Code permits shall be subject to an additional fee for
expedited processing, which shall be equal to the fee which should
have been paid at permit application. The expedited processing fee
shall be paid in full, in addition to the normal application fee,
prior to the issuance of a Construction Code permit.
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K.
Section 108.6 shall be deleted in its entirety.
L.
Sections 109.3, 109.4, 109.5 and 109.6 of the International Building
Code/2006 shall be deleted, and the Borough hereby adopts Sections
403.45, 403.64 and 403.86 of the L & I Regulations[4] governing inspections, with the changes set forth below:
(1)
Section 403.64(g) shall be deleted in its entirety.
[4]
Editor's Note: See 34 Pa. Code Chapter 403.
M.
Section 110, Certificate of Occupancy, of the International Building
Code/2006 is deleted. The Borough adopts Sections 403.46 and 403.65
of the L & I Regulations[5] governing certificates of occupancy. Sections 403.46 and
403.65 of the L & I Regulations are amended as follows:
(1)
Section 403.46(b) is amended by adding the following subsections:
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(10)
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A statement that the issuance of a certificate of occupancy
shall not be deemed permission to occupy the structure or commence
a use if any other ordinance requires the issuance of a permit or
certificate prior to use and occupancy.
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(2)
Section 403.65(b) is amended by adding the following subsections:
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(9)
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A statement that the issuance of a certificate of occupancy
shall not be deemed permission to occupy the structure or commence
a use if any other ordinance requires the issuance of a permit or
certificate prior to use and occupancy.
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[5]
Editor's Note: See 34 Pa. Code Chapter 403.
N.
Section 112, Board of Appeals, shall be amended in its entirety to
provide as follows:
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SECTION 112
BOARD OF APPEALS
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112.1 Board of Appeals. The Borough hereby establishes
the West Mifflin Borough Construction Code Board of Appeals, which
shall be composed of five members, each of which shall serve at the
pleasure of Council.
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112.2 Authority of Board of Appeals. The Board
of Appeals shall hear and rule on appeals, requests for variances
and requests for extensions of time. An application or appeal shall
be based upon, and the Board of Appeals in making its decisions shall
consider, those factors set forth in the L & I Regulations.
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112.3 Membership of Board of Appeals. A member
of the Board of Appeals shall be qualified by training and experience
to pass on matters pertaining to building construction. Members of
the governing body may not serve on the Board of Appeals. A Board
of Appeals member may not cast a vote or participate in a hearing
in any appeal, request for variance or request for extension of time
in which the member has a personal, professional or financial interest.
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112.4 Operation of Board. The Board of Appeals
may establish policies and procedures necessary to carry out its duties.
The Board shall annually select one of its members to serve as Chairperson
and one of its members to serve as Vice Chairperson. The Board of
Appeals shall keep minutes of its meetings and file a written decision
on all appeals under this Construction Code. The Board of Appeals
shall provide notice of and conduct its meetings in accordance with
the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
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112.5 Procedures for applications and appeals. Any person desiring to file an application or appeal to the Board
of Appeals may file such appeal with the Building Code Official. All
applications and appeals to the Board of Appeals shall be in writing
and shall specify the section of this Construction Code from which
relief is sought or the action of the Building Official which is the
subject of the appeal. The written application or appeal shall state
all of the grounds for the application or appeal and shall include
any necessary plans or specifications to provide the Board of Appeals
with information to evaluate the application or appeal and shall include
the fee. No application or appeal will be considered complete without
the necessary appeal fee. Any appeal from a determination of the Building
Official shall be filed within 20 calendar days of the determination.
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112.5.1 Hearings. An applicant or appellant who
desires to present testimony to the Board of Appeals shall request
a hearing in the application or appeal. If the applicant or appellant
does not request a hearing, it will be assumed that the Board of Appeals
may render its determination based on the written information submitted
with the application or appeal and any additional information available
to members of the Board of Appeals.
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112.5.2 Parties. The Borough shall be considered
a party to all appeals or applications filed with the Board of Appeals.
Other persons affected by the appeal or application who have made
timely appearances of record may also be recognized as parties to
the appeal or application.
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112.5.3 Decision. The Board of Appeals shall render
its decision in writing within any time periods imposed in state laws
or L & I Regulations. The Board of Appeals shall provide the applicant
or appellant, the Building Official and the Borough with copies of
the appeal.
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O.
Section 113, Violations, shall provide as follows:
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SECTION 113
VIOLATIONS
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113.1 Unlawful acts. It shall be unlawful for any
person, firm or corporation to erect, construct, alter, extend, repair,
remove, demolish, use or occupy, or to permit the erection, construction,
alteration, extension, repair, removal, demolition, use or occupancy
of, any building or structure or equipment regulated by this Construction
Code or cause same to be done in conflict with or in violation of
this Construction Code. It shall also be unlawful for any person to
place inaccurate or misleading information on an application or plan
or to omit relevant information from an application or a plan submitted
to the Borough.
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113.2 Notice of violation. The Building Official
may serve a notice of violation on any person responsible for the
erection, construction, alteration, extension, repair, removal, demolition,
use, permission to use, occupancy, or permission for occupancy of
a building or structure or equipment in violation of the provisions
of this Construction Code, or in violation of a detailed statement
or a plan approved thereunder, or in violation of a permit or certificate
issued under the provisions of this Construction Code. Such notice
shall order discontinuance of the illegal action or condition and
the abatement of the violation. Notwithstanding the foregoing, it
shall not be a defense to an enforcement action that the Building
Official did not serve or that the defendant did not receive a written
notice of violation prior to the institution of the enforcement action.
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113.2.1 If an inspection reveals a violation of
this Construction Code, the Construction Code Official shall discuss
the inspection results with the permit holder at the completion of
the inspection.
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113.2.2 When a violation relates to an unsafe building,
structure, or equipment, the Building Official shall proceed in accordance
with Section 403.84 of the L & I Regulations.[6]
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113.3 Prosecution of violation. If the Building
Official has served a notice of violation and the notice of violation
is not complied with within the time specified by the Building Official,
or if the Building Official determines that there is insufficient
time to serve a notice of violation or that such notice of violation
will have no practical or beneficial effect, the Building Official
shall notify Borough Council of the violation and shall request Borough
Council to authorize institution of enforcement proceedings against
the violator and/or authorize the Borough Solicitor to institute the
appropriate proceedings at law or in equity to restrain, correct or
abate such violation or to require the removal or termination of the
unlawful use of the building or structure in violation of the provisions
of this Construction Code or of the order or direction made pursuant
thereto. Notwithstanding the foregoing, a Building Official may institute
summary enforcement proceedings without prior authorization of Borough
Council.
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113.4 Violation penalties. Any person who shall
violate a provision of this Construction Code or who shall fail to
comply with any of the requirements thereof or who shall erect, construct,
alter, extend, repair, remove, demolish, use or occupy, or permit
the use or occupancy of, any building or structure or equipment regulated
by this Construction Code in violation of the provisions of this Construction
Code or of an approved plan or of a directive of the Building Official
or of a permit or certificate issued under the provisions of this
Construction Code or who shall permit the use, occupancy, erection,
construction, alteration, extension, removal, demolition or repair
of the building or structure or equipment in violation thereof shall,
upon being found guilty in an enforcement proceeding commenced by
the Borough, pay a penalty of not less than $200 and not more than
$1,000 for each violation, plus all costs of prosecution, which fines
and penalties may be collected as provided by law. Each day that a
violation continues shall be deemed a separate offense, and each section
of this Construction Code which is violated shall be deemed a separate
offense. The Building Official may request the Police Department to
make arrests for any offense against this Construction Code or orders
of the Building Official affecting the immediate safety of the public.
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113.5 Abatement of violation. The imposition of
the penalties herein prescribed shall not preclude the Borough Solicitor
or the Building Official from instituting appropriate action to prevent
the unlawful construction or to restrain, correct, or abate a violation
or to prevent illegal occupancy of a building, structure or premises
or to stop an illegal act, conduct, business, or use of a building
or structure on or about any premises.
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[6]
Editor's Note: See 34 Pa. Code Chapter 403.
P.
Section 114.3 shall provide as follows:
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114.3 Unlawful continuance. Any person who shall
continue any work in or about the structure after having been served
with a stop-work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall commit
a violation of this Construction Code and shall be subject to penalties
or fines as provided in Section 113.4 and remedies as provided in
Section 113.5.
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[1]
Editor's Note: See 34 Pa. Code Chapter 403.
A.
Table R301.2(1) of the International Residential Code/2006 is hereby
completed by inserting the following information:
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Ground snow load: 30 pounds per square foot.
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Wind speed (mph): 90 mph.
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Seismic design category: A, B, C, D.
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Weathering: severe.
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Frost line depth: 30 inches.
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Termite: moderate to heavy.
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Decay: slight to moderate.
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Winter design temperature: 10°.
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Ice shield underlayment required: yes.
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Flood hazard: August 1980.
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Air freezing index: 1,000.
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Mean annual temperature: 50°.
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[Amended 2-19-2008 by Ord. No. 1156; 9-15-2015 by Ord. No. 1197]
A.
Section 302.4 of the International Property Maintenance Code is amended
to insert "six inches."
B.
The West Mifflin Borough International Property Maintenance Code,
Chapter 3, Section 302.8, is amended as set forth below.[2]
(1)
There is hereby added Section 302.81:
Second Exception: It shall be permissible for a residential
property owner to park, keep or store two not currently licensed and/or
uninspected vehicles on his/her property so long as such vehicle(s)
is/are titled in the name of the property owner and such vehicle(s)
is/are parked, kept or stored on a paved, improved driveway area and
pose no threat or safety hazard and is/are not in a state of major
disassembly, disrepair, or in the process of being stripped or dismantled.
If a property owner is parking, keeping or storing a recreational
vehicle on his/her property as permitted in Section 302.82 immediately
following, he/she may not park, keep or store any additional vehicles
under this second exception on his/her property.
(2)
There is hereby added Section 302.82:
A residential property owner may park, keep or store one recreational
vehicle on his/her property, provided that there are no other vehicles
parked, kept or stored on that property as permitted in Section 302.81
immediately hereinabove, and provided further that such recreational
vehicle is currently licensed in the name of the property owner and
carries a current inspection certificate.
[2]
Editor's Note: Section 5 of Ord. No. 1197 also provided
as follows:
"Any person or entity who is in violation of this ordinance
shall be subject to a daily fine not to exceed $600 per day. Each
day of violation shall be deemed to constitute a separate offense.
Any person or entity found to be in violation of this ordinance shall
be provided notice by the Borough Community Development Office to
remove the vehicle which is in violation of this ordinance. In the
event that the person or entity in violation fails to comply with
the removal notice within 30 days of the date of the notice, the Borough
shall have the right to remove the illegal vehicle at the expense
of the property owner."
