[Ord. 395, 5/11/2004]
Rankin Borough hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 77210.1103, as amended from time to time, and its regulations.
[Ord. 395, 5/11/2004; amended by Ord. 453, 7/12/2011]
1.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of Rankin Borough.
2.
Pursuant to § 403.21 of the Uniform Construction Code, 34 Pa. Code § 403.21, as amended, the Borough hereby adopts the 2003 Editions of the following International Codes, as published by the International Code Council, Inc., as part of the Uniform Construction Code and each and all of the regulations, provisions, penalties, conditions and terms of the following International Codes, on file in the Borough Office, are hereby referred to, adopted, and made a part hereof, as if fully set out in this Part, with the additions, insertions, deletions and changes, if any, prescribed in the Uniform Construction Code and/or this Part:
A.
International Building Code, specifically including Chapters 2-29 and 31-35, Appendix E (Supplemental Accessibility Standards) and Appendix H (Signs);
B.
International Electric Code;
C.
International Energy Conservation Code;
D.
International Existing Building Code;
E.
International Fire Code;
F.
International Fuel Gas Code;
G.
International Mechanical Code;
H.
International Performance Code;
I.
International Plumbing Code;
J.
International Residential Code, specifically including §§ AE501 through 503 and §§ 601 through 605 of Appendix E (Manufactured Housing) and Appendix G (Swimming Pools, Spas and Hot Tubs);
K.
International Wildland-Urban Interface Code.
3.
The following sections and/or subsections of the above referenced International Codes, 2003 Editions, are hereby added, inserted, deleted, restated or changed as set forth below.
B.
International Electric Code:
(1)
Section 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 404.2 is restated to provide as follows: "Schedule of Permit Fees. Fees for applications and permits referenced in this code shall be established, from time to time, by ordinance or resolution of the Rankin Borough Council."
C.
International Energy Conservation Code:
(1)
Section 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.
D.
International Existing Building Code:
(1)
Section 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 105.1 is amended by inserting the following sentence: "Fees for applications, permits and inspections referenced in this code shall be established, from time to time, by ordinance or resolution of the Rankin Borough Council."
(3)
Section 1201.2 is amended by inserting "the effective date of Rankin Borough Ordinance 395" in space provided.
E.
International Fire Code:
(1)
Section 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 105.1 is amended by inserting the following sentence: "Fees for applications, permits and inspections referenced in this code shall be established, from time to time, by ordinance or resolution of the Borough Council."
(3)
Section 108 is restated to include the following reference: "See § 5-104 of Rankin Borough Ordinance 395, as amended."
(4)
Section 109.3 is restated to include the following reference: "See, § 5-107 of Rankin Borough Ordinance 395, as amended."
(5)
Section 111.4 is restated to include the following reference: "See, § 5-107 of Rankin Borough Ordinance 395, as amended."
(6)
Section 3204.31.1 is amended by inserting the following text in the space provided: "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."
(7)
Section 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."
(8)
Section 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."
F.
International Fuel Code:
(1)
Section 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.5.2 is restated as follows: "Fee Schedule. Fees for applications, permits and inspections referenced in this code shall be established, from time to time, by ordinance or resolution of the Rankin Borough Council."
(3)
Section 106.5.3 is deleted in its entirety.
(4)
Section 108.4 is restated to include the following: "See, § 5-107 of Rankin Borough Ordinance 395, as amended."
G.
International Mechanical Code:
(1)
Section 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.5.2 is restated as follows: "Fee Schedule. Fees for applications, permits and inspections referenced in the code shall be established, from time to time, by ordinance or resolution of the Rankin Borough Council.
(3)
Section 106.5.3 is deleted in its entirety.
(4)
Section 108.4 is restated to include the following: "See, § 5-107 of Rankin Borough Ordinance 395, as amended."
H.
International Plumbing Code:
(1)
Section 101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 106.6.2 is restated as follows: "Fee Schedule. Fees for applications, permits and inspections refereed in this code shall be established, from time to time, by ordinance or resolution of the Borough."
(3)
Section 106.6.3 is deleted in its entirety.
(4)
Section 108.4 is restated as follows: "See, § 5-107 of Rankin Borough Ordinance 395, as amended."
(5)
Section 108.5 is restated as follows: "See, § 5-107 of Rankin Borough Ordinance 395, as amended."
(6)
Section 109 is restated to include the following reference: "See § 5-104 of Rankin Borough Ordinance 395, as amended."
(7)
Section 305.6.1 is amended by inserting "36 inches" in the space provided.
(8)
Section 904.1 is amended by inserting "12 inches" in the space provided.
I.
International Residential Code:
(1)
Section R101.1 is amended by inserting "Commonwealth of Pennsylvania" in the space provided.
(2)
Section 108.1 is restated as follows: "Payment of Fees. The Fees for applications, permits and inspections referenced in this code and for the activities and services performed by the building official in carrying out his/her responsibilities under this code shall be established, from time to time, by ordinance or resolution of the Borough Council. A permit shall not be valid until the required fees have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid."
[Ord. 395, 5/11/2004]
1.
Administration and enforcement of the Code within Rankin Borough shall be undertaken in any of the following ways as determined by the governing body of this municipality from time to time by resolution:
A.
By the designation of an employee of Rankin Borough to serve as the municipal code official to act on behalf of Rankin Borough;
B.
By the retention of one or more construction code officials or third-party agencies to act on behalf of Rankin 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 Rankin 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.
[Ord. 395, 5/11/2004]
A Board of Appeals shall be established by resolution of the Supervisors of Rankin Borough in conformity with 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.
[Ord. 395, 5/11/2004]
Any ordinance or part of any ordinance, to the extent it is in conflict with any of the provisions of this Part, is hereby repealed to the extent of such conflict. Further, if any part of this Part is held to be illegal, unenforceable, or unconstitutional, then the remaining parts or provisions of this Part shall remain in full force and effect.
[Ord. 395, 5/11/2004]
Fees assessable by Rankin Borough for the administration and enforcement undertaken pursuant to this Part and the Code shall be established by the governing body by resolution from time to time.
[Added by Ord. 453, 7/12/2011]
1.
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 the 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 Section 903 of the Pennsylvania Construction Code Act, 35 P.S. § 7210.903, as amended, including reasonable attorney fees and court costs 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 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 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.
2.
Stop-Work Order. Any person who continues any work after a stop-work order has been issued 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 Section 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 a municipal lien upon such real estate.
[Ord. No. 513, 11/14/2017]
Upon inspection, and a determination that a provision of the Rankin Borough Code of Ordinances (hereinafter "Rankin Code") has been violated, a duly empowered Rankin Borough Code Enforcement Officer, Borough Police Officer, Zoning Code Official, Building Code Official, or other person deputized or directed by the Borough Council to enforce provisions of the Rankin Code (hereinafter collectively referred to as the "Code Enforcement Officer" or "Rankin Code Enforcement Officer") may notify the responsible party or parties of the violation in writing in the form of a notice of violation, a non-traffic citation or a Rankin Code violation ticket (hereinafter "violation ticket").
[Ord. No. 513, 11/14/2017]
1.
Whenever the Code Enforcement Officer determines that there exists a violation of any provision of the Rankin Code that could, upon admission or conviction, constitute a summary offense, the Code Enforcement Officer shall issue a violation ticket which shall:
A.
Be in writing;
B.
Include a brief description of the time, date and location of the violation;
C.
Reference the particular section(s) of the Rankin Borough Code violated;
D.
Set forth an amount of money that can be paid within a ten-day period of time that, along with satisfactory remediation of the violation in the manner set forth on the ticket by the Code Enforcement Officer, will excuse the violator from being served with a citation; and
E.
Include a statement regarding the right to forgo paying the violation ticket and pleading guilty and instead challenge the citation before the magisterial district judge having jurisdiction over the matter.
[Ord. No. 513, 11/14/2017]
1.
A violation ticket shall be served upon the owner, occupant or responsible party in the following manner:
A.
By handing it to the person to be served;
B.
By handing it, at the residence of the person to be served, to an adult member of the family with which the person resides, or to an adult person in charge of such residence at the time of service;
C.
By handing it to the person, his agent, or the person in charge at the time of service at any office or usual place of business of the person to be served;
D.
By mailing the violation ticket to the last known address of the person or entity to be served by certified mail, return receipt requested, and if returned as unclaimed to be sent first class mail; or
E.
Such other method as authorized by relevant Pennsylvania law or provision of the Rankin Code.
2.
If any person to whom the violation ticket is issued cannot be served in the above manner, the Code Enforcement Officer shall briefly note the appropriate facts in the file and shall make service upon such person by posting the violation ticket in a conspicuous place on the relevant premises.
3.
For purposes of this section, a person "cannot be served" when the person to be served has no residence or office or usual place of business within the Borough and the mailed violation ticket is returned undelivered; or when the violation ticket cannot be served under Subsection 1A, B or C hereof after two trips on two separate days to the residence or office or usual place of business of the person to be served and if the mailed violation ticket is returned undelivered.
4.
Notwithstanding the above service requirements, any violation ticket relating to a motor vehicle may be made by affixing the violation ticket to the vehicle under the front windshield wiper or other location on the vehicle reasonably believed to be conspicuous to a driver.
[Ord. No. 513, 11/14/2017]
1.
The violation ticket fine amount shall be set forth on the ticket and in the relevant Rankin Borough Fee Schedule, to be amended from time to time by resolution by the Borough Council, in an amount less than the maximum daily fine provided for in the violated provision of the Rankin Borough Code.
2.
The violation ticket must be paid within 10 days of the date appearing thereon. A violation ticket that remains unpaid after the aforementioned ten-day period may be converted or followed by the Code Enforcement Officer with the issuance of a non-traffic citation, where upon conviction, the full maximum daily fine provided for in the Rankin Code will be imposed and the right to pay the lesser amount set forth in the violation ticket will be lost.
3.
The violation ticket fine amount is hereby set at $25 and can be amended after enactment hereof by resolution.