[Ord. 999, 6/9/2004,
§ 1]
1. Election. Pursuant to § 501 of the Pennsylvania Construction
Code Act, 35 P.S. § 7210.501, as amended, the Borough hereby
elects to administer and enforce the provisions of the Pennsylvania
Construction Code Act, 35 P.S. § 7210.101, as amended.
2. Methods for Administration and Enforcement. The Borough shall administer
and enforce the Pennsylvania Construction Code Act under one or more
of the methods established in § 501(b) of the Pennsylvania
Construction Code Act, 35 P.S. § 7210.501(b), as amended,
as determined from time to time by resolution of the Borough Council;
provided, that any Borough administration and enforcement of the Pennsylvania
Construction Code Act through an agreement with one or more municipalities
or the Pennsylvania Department of Labor and Industry shall be subject
to the requirements of the Intergovernmental Cooperation Act, 53 Pa.C.S.A.
§ 2301 et seq., as amended.
[Ord. 999, 6/9/2004,
§ 1; as amended by Ord. 1017, 3/14/2007, § 1; and by Ord. 1041, 5/12/2010, § 1]
1. Adoption of Uniform Construction Code. For the purposes described
in § 102 of the Pennsylvania Construction Code Act, 35 P.S.
§ 7210.102, as amended, and this Part., the Borough hereby
adopts the Uniform Construction Code, 34 Pa. Code, Part XIV, as amended,
and the standardized codes adopted thereunder as promulgated by the
Pennsylvania Department of Labor and Industry, as the official Construction
Code of Aspinwall Borough for regulating and governing the construction,
alteration, repair, movement, equipment, removal, demolition, location,
maintenance, occupancy or change of occupancy of every building or
structure; and each and all of the regulations, provisions, penalties,
conditions and terms of said Uniform Construction Code are hereby
referred to, adopted, and made a part hereof, as if fully set out
in this Part, with any additions, insertions, deletions and changes,
if any, prescribed in this Part.
2. Existing Borough Building Codes. Pursuant to § 303(b)(1)
of the Pennsylvania Construction Code Act, 35 P.S. § 7210.303(b)(1),
as amended, Borough building code ordinances, including but not limited
to, the Borough ordinances listed below, which were originally adopted
prior to July 1, 1999, or reenactments of provisions of simultaneously
repealed ordinances which were originally adopted prior to July 1,
1999, which contain provisions which equal or exceed the specific
requirements of the regulations promulgated under the Pennsylvania
Construction Code Act shall remain in effect until such time as any
such provisions fail to equal or exceed the minimum requirements of
the regulations promulgated under the Pennsylvania Construction Code
Act.
A. Ord. 806, enacted on June 11, 1986, which established a codification
of Borough ordinances known as the Aspinwall Borough Code and adopted
the 1984 Edition of the BOCA Basic National Building Code, with certain
modifications and revisions thereto.
B. Ord. 823, enacted on July 8, 1987, which amended the 1984 Edition
of the BOCA Basic National Building Code with regard to fire protection
systems.
C. Ord. 953, enacted September 8, 1999, which amended the Aspinwall
Borough Code to adopt the 1999 Edition of the BOCA National Building
Code, with certain modifications and revisions thereto.
[Ord. 999, 6/9/2004,
§ 1; as amended by Ord. 1017, 3/14/2007, § 2; and by Ord. 1041, 5/12/2010, § 2]
1. The following sections and subsections of the above-referenced Uniform
Construction Code and standardized codes adopted thereunder are hereby
added, inserted, deleted, restated or changed as set forth below.
A. International Building Code.
(1)
Section 1612.3: § 1612.3 is amended by
inserting "Aspinwall Borough" in the first space provided, and by
inserting "September 21, 2001" in the second space provided.
(2)
Section 3412.2: § 3412.2 is amended by
inserting "November 21, 1921[Ordinance No. 334]" in the space provided.
B. International Energy Conservation Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 108.4: § 108.4 is restated in
its entirety as follows:
108.4 Failure to comply. Any person who shall continue any work 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 be liable for violation penalties pursuant to §
5-106 of the Aspinwall Borough Code of Ordinances (Violations and Penalties).
(3)
Section 109: § 109 is restated in its entirety as follows: "See §
5-105 of the Aspinwall Borough Code of Ordinances (Board of Appeals)."
C. International Existing Building Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 112: § 112 is restated in its entirety as follows: "See §
5-105 of Aspinwall Borough Code of Ordinances (Board of Appeals)."
(3)
Section 1301.2: § 1301.2 is amended by
inserting "November 21, 1921 [Ordinance No. 334]" in the space provided.
D. International Fire Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 108: § 108 is restated in its entirety to include the following reference: "See §
5-105 of Aspinwall Borough Code of Ordinances (Board of Appeals)."
(3)
Section 109.3: § 109.3 is restated in
its entirety as follows:
109.3 Violation penalties. "See §
5-106 of Aspinwall Borough Code of Ordinances (Violations and Penalties)."
(4)
Section 111.4: § 111.4 is restated in
its entirety as follows:
111.4 Failure to comply. Any person who shall continue any work 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 be liable for violation penalties pursuant to §
5-106 of the Aspinwall Borough Code of Ordinances (Violations and Penalties).
(5)
Section 3404.2.9.6.1: § 3404.2.9.6.1
is amended by inserting the following text in the space provided:
"Storage limits shall be in accordance with NFPA 30, Flammable and
Combustible Liquids Code, as revised."
(6)
Section 3406.2.4.4: § 3406.2.4.4 is amended
by inserting the following text in the space provided: "Storage limits
shall be in accordance with NFPA 30, Flammable and Combustible Liquids
Code, as revised."
(7)
Section 3506.2: § 3506.2 is amended by
inserting the following text as the last sentence: "Storage limits
shall be in accordance with NFPA 55, Standard for Storage, Use and
Handling of Compressed Gasses and Cryogenic Fluids in Portable and
Stationary Containers, Cylinders and Tanks, as revised."
(8)
Section 3804.2: § 3804.2 is amended by
inserting the following text in the space provided: "Storage limits
shall be in accordance with NFPA 59A, Standard for the Production,
Storage, and Handling of Liquefied Natural Gas (LNG) (US Standards),
as revised."
E. International Fuel Gas Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.6.2: § 106.6.2 is restated
as follows:
106.6.2 Fee Schedule. Fees for applications, permits
and inspections referenced in this code shall be established, from
time to time, by resolution of the Borough Council.
(3)
Section 106.6.3: § 106.6.3 is deleted
in its entirety.
(4)
Section 108.4: § 108.4 is restated in
its entirety as follows:
108.4 Violation penalties. "See §
5-106 of Aspinwall Borough Code of Ordinances (Violations and Penalties)."
(5)
Section 108.5: § 108.5 is amended to restate the last sentence as follows: "Any person who shall continue any work 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 be liable for violation penalties pursuant to §
5-106 of the Aspinwall Borough Code of Ordinances (Violations and Penalties)."
(6)
Section 109: § 109 is restated in its entirety to include the following reference: "See §
5-105 of Aspinwall Borough Code of Ordinances (Board of Appeals)."
F. International Mechanic Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.5.2: § 106.5.2 is restated
as follows:
106.5.2 Fee Schedule. Fees for applications, permits
and inspections referenced in this code shall be established, from
time to time, by resolution of the Borough Council.
(3)
Section 106.5.3: § 106.5.3 is deleted
in its entirety.
(4)
Section 108.4: § 108.4 is restated in
its entirety as follows:
108.4 Violation penalties. "See §
5-106 of Aspinwall Borough Code of Ordinances (Violations and Penalties)."
(5)
Section 108.5: § 108.5 is amended by restating the last sentence as follows: "Any person who shall continue any work on the system 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 be liable for violation penalties pursuant to §
5-106 of the Aspinwall Borough Code of Ordinances (Violations and Penalties).
(6)
Section 109: § 109 is restated in its entirety to include the following reference: "See §
5-105 of Aspinwall Borough Code of Ordinances (Board of Appeals)."
G. International Plumbing Code (subject to the restrictions
of § 501(a.1) of the Pennsylvania Construction Code Act,
35 P.S. § 7210.501(a.1), as amended).
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.6.2: § 106.6.2 is restated
as follows:
106.6.2 Fee Schedule. Fees for applications, permits
and inspections referenced in this code shall be established, from
time to time, by resolution of the Borough Council.
(3)
Section 106.6.3: § 106.6.3 is deleted
in its entirety.
(4)
Section 108.4: § 108.4 is restated in
its entirety as follows:
108.4 Violation penalties. See §
5-106 of Aspinwall Borough Code of Ordinances (Violations and Penalties).
(5)
Section 108.5: § 108.5 is amended by restating the last sentence as follows: "Any person who shall continue any work on the system 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 be liable for violation penalties pursuant to §
5-106 of the Aspinwall Borough Code of Ordinances (Violations and Penalties).
(6)
Section 109: § 109 is restated in its entirety to include the following reference: "See §
5-105 of Aspinwall Borough Code of Ordinances (Board of Appeals.)"
(7)
Section 305.6.1: § 305.6.1 is amended
by inserting "36 inches" in the spaces provided.
(8)
Section 904.1: § 904.1 is amended by
inserting "12 inches" in the space provided.
H. International Residential Code.
(1)
Section 8101.1: § R101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section R108.5: § 108.5 is deleted in
its entirety.
(3)
Section R112: § R112 is restated in its entirety to include the following reference: "See §
5-105 of Aspinwall Borough Code of Ordinances, Board of Appeals."
(4)
Table R301.2(1): Table R301.2(1), Climatic and
Geographic Design Criteria, is amended by inserting the following
information in the spaces provided:
(a)
Ground Snow Load: "25 inches".
(b)
Wind Design:
[2]
Topographic Effects: "No".
(c)
Seismic Design Category: "A".
(d)
Subject to Damage From:
[2]
Frost Line Depth: "36 inches".
[3]
Termite: "Moderate to Heavy".
(e)
Winter Design Temperature: "7 Degrees Fahrenheit".
(f)
Ice Barrier Underlayment Required: "Yes".
(g)
Flood Hazards:
[1]
"November 14, 1979 (Ordinance No. 727)".
[2]
"September 21, 2001, as amended or revised".
[3]
"Community-Panel Numbers 420005 0356, 0357".
(h)
Air Freezing Index: "1,500".
(i)
Mean Annual Temperature: "50.5 Degrees Fahrenheit".
(5)
Section P2603.6.1: § P2603.6.1 is amended
by inserting "36 inches" in the spaces provided.
I. International Wildland-Urban Interface Code.
(1)
Section 101.1: § 101.1 is amended by
inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 103: § 103 is restated in its entirety to include the following reference: "See §
5-104 of the Aspinwall Borough Code of Ordinances (Borough Building Code Official)."
(3)
Section 106: § 106 is restated in its entirety to include the following reference: "See §
5-105 of Aspinwall Borough Code of Ordinances (Board of Appeals)."
(4)
Section 109.4.7: § 109.4.7 is restated
in its entirety as follows:
109.4.7 Violation penalties. See §
5-106 of the Aspinwall Borough Code of Ordinances (Violations and Penalties).
(5)
Section 114.4: § 1114.4 is restated in
its entirety as follows:
1114.4 Failure to comply. Any person who shall continue any work on the system 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 be liable for violation penalties pursuant to §
5-106 of the Aspinwall Borough Code of Ordinances (Violations and Penalties).
[Ord. 999, 6/9/2004,
§ 1]
1. The Pennsylvania Construction Code Act, 35 P.S. § 7210.101
et seq., as amended, and the Uniform Construction Code, 34 Pa. Code,
Part XIV, as amended, shall govern the building code official employed
and/or retained by the Borough to administer and enforce the Pennsylvania
Construction Code Act and the Uniform Construction Code (the "Borough
building code official"), and shall be further supplemented as follows:
A. Delegation of Duties. The Borough building code official shall not,
without the prior approval of the Borough Council or its designee:
(1)
Appoint, retain or otherwise employ a deputy building official,
related technical officers, inspectors, plan examiners or other employees;
or
(2)
Delegate his/her duties to a construction code official or current
code administrator.
B. Records. The Borough building code official shall keep official records
of applications received, permits and certifications issued, fees
collected, reports of inspections, and notices, modifications and
orders issued. Such records shall be maintained as official records
of the Borough and shall only be disposed of in accordance with applicable
law.
[Ord. 999, 6/9/2004,
§ 1]
1. The Pennsylvania Construction Code Act, 35 P.S. § 7210.101
et seq., as amended, and the Uniform Construction Code, 34 Pa. Code,
Part XIV, as amended, shall govern the Borough Board of Appeals established
pursuant to § 501(c) of the Pennsylvania Construction Code
Act, 35 P.S. § 7210.501(c), as amended, and shall be further
supplemented as follows:
A. Application for Appeal. Any applicant or person aggrieved by a decision
of a Borough official related to the Uniform Construction Code or
a notice or order issued under the Uniform Construction Code shall
have the right to appeal to the Board of Appeals of Aspinwall Borough
established under this section, provided that a written application
for an appeal is filed within 10 days after receipt of said decision,
notice or order, along with payment of an appeal hearing fee in an
amount set from time to time by resolution of the Borough Council.
An application for appeal shall be based on a claim that the true
intent of the Pennsylvania Construction Code Act, or the Uniform Construction
Code, or this Part, or the rules legally adopted thereunder has been
incorrectly interpreted, the provisions of the Pennsylvania Construction
Code Act, or the Uniform Construction Code, or this Part do not fully
apply, or an equivalent form of construction is to be used. Failure
to submit an application for appeal within the time limit established
by this section shall constitute acceptance of the Borough official's
decision and/or a waiver of the individual's right to appeal.
B. Establishment. In order to hear and decide appeals of orders, decisions
or determinations made by Borough officials relative to the application
and interpretation of the Pennsylvania Construction Code Act and the
Uniform Construction Code, as well as requests for variances or extensions
of time thereunder, there shall be and is hereby created a Board of
Appeals for Aspinwall Borough pursuant to § 501(c) of the
Pennsylvania Construction Code Act, 35 P.S. § 7210.501(c),
as amended.
C. Membership. The Borough Board of Appeals shall consist of three persons
appointed by the Borough Council to hold office at the pleasure of
the Borough Council. Each member of the Board of Appeals shall be
appointed for a term of three years or until his/her successor is
appointed and qualified, which term shall expire on the first Monday
of January of the year designated for the expiration of his/her term,
except that the terms of the members first appointed pursuant to this
Part shall be so fixed so that the term of office of one member shall
expire each year. An appointment to fill a vacancy shall be only for
the unexpired team.
D. Alternate Members. The Borough Council shall appoint two alternate
members who shall be called to hear appeals during the absence or
disqualification of a member. Alternate members shall possess the
qualifications required for Board membership and shall be appointed
for a term of two years or until his/her successor is appointed and
qualified, which term shall expire on the first Monday of January
of the year designated for the expiration of his/her term, except
that the terms of the alternate members first appointed pursuant to
this Part shall be so fixed so that the term of office of one alternate
member shall expire each year. An appointment to fill a vacancy shall
be only for the unexpired term.
E. Qualifications. Each member or alternate member of the Board of Appeals
shall satisfy the following qualifications:
(1)
A member of the Board of Appeals shall be qualified pursuant
to the requirements of § 403.121(c)(1) of the Uniform Construction
Code, 34 Pa. Code § 403.121(c)(1), as amended.
(2)
Members of the Borough Council and its code administrators shall
not serve on the Board of Appeals pursuant to § 403.121(c)(3)
of the Uniform Construction Code, 34 Pa. Code § 403.121(c)(3),
as amended.
(3)
A qualified person who resides outside of the Borough may be
appointed as a member of the Board of Appeals when the Borough Council
cannot find a person residing within the Borough who satisfies the
requirements of § 403.121(c) of the Uniform Construction
Code, 34 Pa. Code § 403.121(c), as amended.
F. Regulations and Procedures. The Board of Appeals is authorized to
establish policies and procedures necessary to carry out its duties
as long as any such policies and procedures do not conflict with the
provisions of the Pennsylvania Construction Code Act, the Uniform
Construction Code, this Part or any other ordinance of the Borough.
G. Organization of Board.
(1)
The Board of Appeals shall elect from its own membership a Chairperson,
Vice-chairperson and such other officers as it deems appropriate,
who shall serve annual terms as such and may succeed themselves. For
the conduct of any hearing or meeting and the taking of any action,
a quorum shall be not less than a majority of all the regular members
of the Board.
(2)
If, by reason of absence or disqualifications of a member, a
quorum is not reached, the Chairperson of the Board of Appeals shall
designate as many alternate members of the Board to sit on the Board
as may be needed to provide a quorum. Any alternate member of the
Board shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Board has made a final determination of the matter or case.
Designation of an alternate pursuant to this section shall be made
on a case-by-case basis.
(3)
The Board shall keep full public records of its business, which
records shall be the property of the Borough, and shall submit a report
of its activities to the Borough Council as requested.
H. Hearing Procedures. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant's representative, the Borough's representative and any applicant or person aggrieved pursuant to Subsection
1A above shall be given the opportunity to be heard. The Chairperson of the Board of Appeals, or its counsel, shall have the power and duty to direct the meeting, rule upon the acceptance of evidence and oversee the record of all proceedings. These hearing procedures shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information be received.
I. Jurisdiction and Powers. The Board of Appeals shall have the powers
and duties as provided by the Pennsylvania Construction Code Act,
35 P.S. § 7210.101 et seq., as amended, the Uniform Construction
Code, 34 Pa. Code, Part XIV, as amended, this Part and any other ordinances
adopted from time to time by the Borough Council.
J. Assignment of Additional Duties and Responsibilities. The Board of
Appeals shall have such other duties and responsibilities as may be
assigned to it from time to time by appropriate action of the General
Assembly of the Commonwealth of Pennsylvania or the Borough Council.
[Ord. 999, 6/9/2004,
§ 1]
1. General. Any person who violates a provision of the Uniform Construction
Code or the codes adopted thereunder, or this Part, or who fails to
comply with any of the requirements thereof, or who erects, installs,
alters, repairs or does work in violation of the approved construction
documents or directive of the code official, or of a permit or certificate
issued under provisions of the Uniform Construction Code or the codes
adopted thereunder, or this Part, shall be guilty of a summary offense
and subject to such penalties and costs as established in § 903
of the Pennsylvania Construction Code Act, 35 P.S. § 7210.903,
as amended, including reasonable attorney fees incurred by the Borough.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of the Uniform
Construction Code, or the codes adopted thereunder, or this Part,
found to have been violated. The Borough may also commence appropriate
actions in equity, at law or otherwise to prevent, restrain, correct,
enjoin, or abate violations of the Uniform Construction Code, the
codes adopted thereunder, or this Part. Any action taken by the Borough
in the prosecution of a violation of the Uniform Construction Code,
the codes adopted thereunder, or this Part and any cost incurred by
the Borough related thereto shall be charged against the real estate
upon which the violation exists and shall be a municipal lien upon
such real estate.
2. Stop-Work Order. Any person who continues any work after having been
served with a stop-work order under the Uniform Construction Code,
or the codes adopted thereunder, or this Part, except such work as
that person is directed to perform to remove a violation or unsafe
condition, shall be guilty of a summary offense and subject to such
penalties as established in § 903 of the Pennsylvania Construction
Code Act, 35 P.S. § 7210.903, as amended. A separate offense
shall arise for each day or portion thereof in which a violation is
found to exist or for each section of the Uniform Construction Code,
or the codes adopted thereunder, or this Part, found to have been
violated. Any action taken by the Borough in the prosecution of a
violation of the Uniform Construction Code, the codes adopted thereunder,
or this Part and any costs incurred by the Borough related thereto
shall be charged against the real estate upon which the violation
exists and shall be a municipal lien upon such real estate.
[Ord. 999, 6/9/2004,
§ 1]
The operation of heavy construction or excavation machinery
(including but not limited to bulldozers, highlifts, backhoes, trucks,
power shovels, pumps and jack hammers) and the use of construction
equipment such as saws, drills or other types of machinery used outside
a structure in conjunction with work requiring a building permit shall
be prohibited when it is determined by the Borough Building Code Official
that the noise is sufficient to disturb the peace and tranquility
of the general public. This restriction shall be enforced throughout
the entire Borough between the hours of 7:00 p.m. to 7:00 a.m., Mondays
through Saturday and all day Sunday and federally designated legal
holidays, except in cases of emergencies involving life or property
as designated by emergency personnel.
[Ord. 999, 6/9/2004,
§ 1]
Unless otherwise provided in the Pennsylvania Construction Code
Act, or the Uniform Construction Code, or otherwise stated herein,
when the provisions of this Part are in conflict with other ordinances
of the Borough or any other applicable codes, the more stringent code
or ordinance shall apply.
[Ord. 999, 6/9/2004,
§ 1]
If any section, subsection, sentence, clause or provision of
this Part or the codes adopted hereunder is found to be invalid, such
decision or decisions shall not affect the validity of the remaining
portions of this Part or the remaining portions of the codes adopted
hereunder.