The Borough of Mount Union hereby adopts, for the purpose of
establishing rules and regulations for the construction, alteration,
equipment, fire protection, and safety of buildings and structures,
including administration, building permits and penalties, the building
code known as the "BOCA Basic Building Code/1978, Seventh Edition,"
save and except such portions thereof as are hereinafter deleted,
modified or amended, of which copies have been and are now filed in
the office of the Borough Secretary, and the same is hereby adopted
and incorporated as fully as if set out at length herein, and from
the date on which this article shall take effect, the provisions thereof
shall be controlling in the construction of all buildings and structures
and in all other subjects therein contained within the corporate limits
of the Borough of Mount Union.
[Amended 12-21-1994 by Ord. No. 1029; 12-21-1994 by Ord. No. 1031]
The BOCA Basic Building Code hereby adopted shall be changed
and amended in the following respects:
A. The words "Borough of Mount Union" shall be inserted wherever the
words "name of municipality" shall appear in brackets therein.
B. The final clause of Section 100.2 of the said code is hereby amended
to read: "... except as such matters are otherwise provided for in
the law or in other ordinances of the Borough."
C. Section 101.5 of the said code is hereby amended to read:
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101.5 Zoning restrictions. When the provisions herein specified for structural, fire and sanitary safety are more restrictive than Chapter 330, Zoning, the Basic Code shall control the erection or alteration of buildings in respect to location, use, permissible area and height, but, in any case, the most rigid requirements of either the Building Code or Chapter 330, Zoning, shall apply wherever they may be in conflict.
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D. Section 107.5 and Section 107.6 of the said code, "Qualifications
of building official" and "Qualifications of assistants," and all
material thereunder are hereby deleted.
E. Section 109.0 of the said code is hereby deleted.
F. Section 113.1 of the said code is hereby amended to read:
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113.1 When permit is required. It shall be unlawful
to construct, enlarge, alter or demolish a structure or change the
occupancy of a building or structure requiring greater strength, exitway
or sanitary provisions or to change to a prohibited use or to install
or alter any equipment for which provision is made or the installation
of which is regulated by this code without first filing an application
with the Code Enforcement Officer in writing and obtaining the required
permit therefor, except that ordinary repairs, as defined in Section
102.0, which do not involve any violation of this code and ordinary
carpeting and painting shall be exempt from this provision.
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G. Section 117.3 of the BOCA Basic Building Code or any similar provision
of subsequent BOCA codes adopted by the Borough Council of Mount Union
dealing with the application for a permit for the building, enlargement,
alteration or repair of buildings and structures is hereby amended
to read as follows: "The application for a permit for the building,
enlargement, alteration or repair of buildings and structures shall
be accompanied by the payment of a fee based upon the price of any
such work if the contract shall have been agreed upon, otherwise to
be based upon the Code Enforcement Officer's estimated cost of
such work. The fee shall be in accordance with a schedule of fees
as is, from time to time, adopted by the Borough Council of the Borough
of Mount Union."
H. Section 117.4 of the said code is hereby amended to read:
[Amended 5-7-2001 by Ord.
No. 1055]
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117.4 Moving of buildings. The fee for a building
permit for the moving of a building from one lot to another or to
a new location shall be as set from time to time by the Borough Council
of the Borough of Mount Union.
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I. Section 117.5 of the said code is hereby amended to read:
[Amended 5-7-2001 by Ord.
No. 1055]
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117.5 Demolition. The fee for a permit for the
demolition of a building or structure shall be as set from time to
time by the Borough Council of the Borough of Mount Union.
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J. Section 117.6 of said code is hereby deleted.
K. Section 118.0 of said code, "Volume computation," and all material
thereunder is hereby deleted.
L. The term "Borough Solicitor" shall be substituted for the term "legal
counsel of the municipality" or the term "legal officer of the municipality"
wherever either term shall occur therein, and the term "Building Official"
shall mean the "Borough Code Enforcement Officer."
M. Section 121.4 of the said code is hereby amended to read:
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121.4 Violation penalties. Any person violating
any provision of the Basic Code or who shall fail to comply with any
requirement thereof or who shall erect, construct, alter or repair
a building or structure in violation of an approved plan or directive
of the Code Enforcement Officer or of a permit or certificate issued
under the provisions of the Basic Code shall, upon conviction thereof,
be sentenced to pay a fine of not more than $300, and costs of prosecution,
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days, provided that each violation of any provision
of this article, and each day the same is continued, shall be deemed
a separate offense.
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N. Section 125.0 of said code, "Broad of survey," and all material contained
thereunder is hereby deleted.
O. Section 126.3 of the said code is hereby amended to read:
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126.3 Compensation of Board of Appeals. The third
member of the Board of Appeals shall receive for his services a fee
of $25 to be paid by the appellant.
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P. Section 126.22 of the said code is hereby amended to read:
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126.22 Qualification of Board members. Each member
of the Board shall have had experience as a building contractor, architect
or professional engineer.
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Q. Section 301.0 and all material thereunder is hereby amended to read:
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301.0 Fire district subdivision. For the purpose of control of construction of buildings, that area of the Borough designated as the Central Business District in Chapter 330, Zoning, shall be designated as Fire District No. 1.
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All areas of the Borough not located in Fire District No. 1
shall be designated as "outside fire district."
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R. The said code is hereby amended by deleting all references to "Fire
District No. 2" and all sections and provisions relating to "Fire
District No. 2."
S. Article 17 of the said code, "Plumbing, Drainage and Gas Piping,"
is hereby deleted, and the following shall be substituted therefor:
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Article 17. Gas Piping.
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Section 1700.0 Gas piping. Installation of gas
piping conforming to the applicable requirements of the standards
for installation of gas piping and gas appliances listed in Appendix
B shall be accepted as complying with the requirements of the Basic
Code.
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In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by the regulations of departments or agencies of
the commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements are the same
as or in excess of the provisions of the code hereby adopted. The
code shall control in all cases where the state requirements are less
strict than those contained in the code hereby adopted.