[Ord. 528, 7/20/1982; as amended by Ord. 572, 10/10/1990; and by Ord. 618, 9/11/1996, § 1]
The Township 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 National Building Code, 1996, Thirteenth Edition," save and except such portions as are hereinafter deleted, modified or amended, of which three copies have been and are now filed in the office of the Township Secretary, and the same is hereby adopted and incorporated as fully as if set out at length herein. From the date on which this Part 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 Township.
[Ord. 528, 7/20/1982; Ord. 569, 3/14/1990; Ord. 572, 10/10/1990; Ord. 573, 11/26/1990; Ord. 601, 3/9/1994; Ord. 630, 12/9/1998; Ord. 689, 12/8/2010; Ord. 711, 12/4/2013; Ord. No. 746, 2/10/2021]
The building code hereby adopted is amended as follows:
1. 
"Darby Township" shall be inserted wherever the words "Name of Municipality" appear in brackets therein.
Whenever the term "legal officer" or "legal representative" is used in this code, it shall be held to mean the Township Solicitor.
2. 
Section 109.2 is hereby amended to read as follows:
§ 109.2 Appointment: The Building Official shall be appointed by the Board of Commissioners to serve during the pleasure of the appointing authority.
3. 
Section 109.4 is hereby amended to read as follows:
§ 109.4 Deputy: During temporary absence or disability of the Building Official, the Board of Commissioners shall designate an Acting Building Official.
4. 
Section 109.5 shall be amended to read as follows:
§ 109.5 Qualifications of Building Official: To be eligible for appointment, the candidate for the position shall have had experience as an architect, structural engineer, building inspector or superintendent of building construction. He shall be of good health, physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process, or device entering into or used in connection with building construction, alterations, removal, and demolition.
5. 
Section 114.3.1 shall be amended to read as follows:[1]
114.3.1 Fee Schedule. The fees charged by the Township for building permits, inspections and plan examinations shall be in accordance with the following schedule:
A. 
An application fee of $100, plus:
Value of Construction
Fee
Up to $1,000
$100
Up to $2,000
$145
Up to $3,000
$190
Up to $4,000
$220
Up to $5,000
$250
Up to $6,000
$280
Up to $7,000
$310
Up to $8,000
$340
Up to $9,000
$370
Up to $10,000
$445
An additional $40 per $1,000, or portion thereof, thereafter.
The fees for alterations, additions and repairs shall be the same as for new construction.
The Building Inspector shall have the sole power in determining whether a fee is required for a permit or not.
B. 
Fees for Demolition and Removal. For a permit to raze, remove, tear down or move any building, the fee shall be an application fee of $100, plus the sum of $100 for the first $1,000 and $50 for each additional $1,000 or portion thereof of the estimated cost of such work.
C. 
Fees for Signs and Billboards.
(1) 
A permit shall be required to erect, install or alter any sign, and the fees per location, except as otherwise specified, shall be as follows; provided, however, that temporary signs not over 25 square feet in area, either advertising property for sale or rent, or contractor's, builder's, or architect's signs placed during the time a building is being erected, or altered, may be erected on such property without a permit, unless hereinafter specified. The fee for such permit shall be an application fee of $100, plus $100 for the first $1,000 and $50 for each additional $1,000 or fraction thereof.
D. 
Fees for Towers, Masts, Poles and Antennas. A permit shall be required for installation of all towers, masts, poles and antennas over 20 feet above the highest point of any building to which they may be attached and for all installations over 30 feet in height when erected on natural ground. The fee for such permit shall be an application fee of $300, plus $500 for each $1,000 or fraction thereof.
[1]
Editor's Note: Ord. No. 711 also provided that: Double Fees. In case any work for which a permit required by this Ordinance is started or proceeded with prior to obtaining same permit, the fee specified in this section of this Ordinance shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this Ordinance in the execution of the work, nor from any other penalties prescribed herein.
6. 
Section 117.4 shall be amended to read as follows:
§ 117.4 Violation Penalties: Any person who shall violate any provision of this 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 Building Official, or of a permit or certificate issued under the provisions of this code, shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, and in default of payment, to imprisonment for not more than 30 days. Every day that a violation of this code continues shall constitute a separate offense.
7. 
[§ 118.2 shall be deleted;] OR [§ 118.2 is hereby amended to read as follows:]
§ 118.2 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 conditions, shall be liable to a fine not exceeding $1,000, and in default of payment, to imprisonment for a term not to exceed 30 days.
8. 
Section 123.3 is hereby amended to read as follows:
§ 123.3 Compensation of Board of Survey: The third member of the Board shall receive for his services a fee to be paid by the applicant, in an amount as established by resolution.
9. 
Section 201.0 is hereby amended to read as follows:
Alley: any public way primarily intended to provide vehicular access to the rear of lots fronting upon public streets or avenues.
Building line: a line, established by ordinance or designated upon an officially adopted lot plan, beyond which a building shall not extend.
10. 
Section 2906.1 is hereby amended to read as follows:
§ 2906.1 Filing Bond: No person shall erect, install, remove, or rehang any sign for which a permit is required under the provisions of the Basic Code until an approved bond shall have been filed in the sum to be determined by resolution.
[Ord. 528, 7/20/1982; as amended by Ord. 572, 10/10/1990]
In all matters that are regulated by the laws of the Commonwealth of Pennsylvania or by 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 thereof are the same as or in excess of the provisions of this Part. The code shall control in all cases where the state requirements are not as strict as those contained in this Part.
[Ord. 528, 7/20/1982; as amended by Ord. 572, 10/10/1990]
The provisions of this Part, so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this Part, are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this Part shall not affect any act done or liability incurred, nor shall they 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 of the repealed ordinances.