[Ord. 375, 6/14/2004, § I]
This Municipality hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 — 7210.1103, as
amended from time to time, and its regulations.
[Ord. 375, 6/14/2004, § I]
The Uniform Construction Code, contained in 34 Pa.Code, Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of this Municipality.
[Ord. 375, 6/14/2004, § I]
By virtue of the submission by this Municipality to the jurisdiction of the Allegheny County Health Department and the Local Health Administration Law, 16 P.S. §§ 12001-12028, the Allegheny County Health Department shall administer and enforce its Article XV, Rules and Regulations for Plumbing, which incorporates the International Plumbing Code, and Plumbing Chapters 25 through 32 of the International Residential Code. To the extent permitted by law, Article XV shall take precedence over the International Plumbing Code, Plumbing Chapters 25 through 32 of the International Residential Code where the requirements of Article XV exceed the requirements of the International Plumbing and Residential Codes.
[Ord. 375, 6/14/2004, § I]
1.
Administration and enforcement of the code within this Municipality
may be undertaken as follows:
A.
By the designation of an employee of the Municipality or retention
of a third party agency to serve as the building code official to
act on behalf of the Municipality.
B.
The Allegheny County Health Department, Plumbing Division, is hereby designated to administer and enforce its Article XV, which incorporates the International Plumbing Code, and Chapters 25 through 32 of the International Residential Code, and the duties of the building code official pertaining to plumbing are hereby delegated to the Allegheny County Health Department Plumbing Division pursuant to 34 Pa.Code § 403.3(b).
C.
By agreement with one or more municipalities for joint administration
or enforcement of the Code.
D.
By agreement with another municipality for the administration and
enforcement of the Code on behalf of the Borough.
[Ord. 375, 6/14/2004, § I]
A Board of Appeals shall be established by resolution of the governing body of this Municipality 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 this Municipality's code enforcement and administration duties are undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities, except that any appeals filed with respect to Article XV of the Allegheny County Health Department Rules and Regulations with incorporates the International Plumbing Code and Chapters 25 through 32 of the International Residential Code shall be conducted by the Allegheny County Health Department in accordance with Article XI of the Allegheny County Health Department Rules and Regulations.
[Ord. 375, 6/14/2004, § I]
1.
All building code ordinances or portions of ordinances which were
adopted by this Municipality on or before July 1, 1999, and which
equal or exceed the requirements of the Code shall continue in full
force and effect until such time as such provisions fail to equal
or exceed the minimum requirements of the Code, as amended from time
to time.
2.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this ordinance and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
[Ord. 375, 6/14/2004, § I]
Fees assessable by the Municipality for the administration,
enforcement or appeals undertaken pursuant to this ordinance and the
code shall be established by the governing body by resolution from
time to time, except those fees as required by the Plumbing Division
of the Allegheny County Health Department which shall be established
by the Allegheny County Health Department. Fees assessed by the Commonwealth
of Pennsylvania shall be collected and disbursed according to law.
[Ord. 375, 6/14/2004, § I; as amended by Ord. 387, 12/14/2009]
Any person, firm or corporation who shall violate any provision
of this Part or of the Uniform Construction Code, upon conviction
thereof, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
[Ord. 375, 6/14/2004, § I; as added by Ord. 406, 4/13/2015, § I]
All utility and miscellaneous use structures accessory to a
detached one-family dwelling, as defined in the Uniform Construction
Code, shall comply with the Uniform Construction Code and shall require
issuance of a building permit if such structures exceed 200 square
feet in area. The utility and miscellaneous use structures covered
by this provision include carports, detached private garages, greenhouses
and sheds.
[Ord. 399, 6/10/2013, § I]
A certain document, a copy of which is on file in the Office
of the Secretary of the Borough of Thornburg, being marked and designated
as the 2009 International Property Maintenance Code, be and is hereby
adopted as the Property Maintenance Code of the Borough of Thornburg
pursuant to the Borough Code § 1202(15) for the control
of buildings, structures and property as herein provided and subject
to any amendments contained herein or that may be adopted from time
to time, and each and all of the regulations, provisions, penalties,
conditions and terms of said 2009 International Property Maintenance
Code are hereby referred to, adopted and made a part hereof as if
fully set out in this Part, with the additions, insertions, deletions
and amendments, if any, prescribed in this Part.
[Ord. 399, 6/10/2013, § II]
1.
The 2009 International Property Maintenance Code is amended and revised,
with additions, deletions and changes noted in the following respects:
A.
Section 101.1, page 1, second line. Insert "Borough
of Thornburg" in space provided.
B.
Section 103, Department of Property Maintenance Inspection. Delete the references to "Department of Property Maintenance Inspection"
and replace the deleted references with references to "Property Maintenance
Code Official."
(1)
Revise Section 103.1 to read:
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103.1. General. The official in charge of enforcing
this Part shall be known as the Code Official. The Code Official may
be an individual or a corporation or other organization providing
Property Maintenance Code enforcement services.
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(2)
Section 103.5, Fees, is revised to read:
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103.5. Fees. Fees shall be as set forth in the
Thornburg Borough Fee Schedule as adopted by the Borough Council from
time to time by resolution.
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C.
Section 106. Violations. Delete Subsection 106.4, Violation
Penalties, and replace it with the following:
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106.4. Penalties. Any person, firm or corporation
who shall violate any provision of this Code shall, upon conviction
thereof, be subject to a fine of not more than $1,000. Each day that
a violation continues shall constitute a separate offense.
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D.
Section 109.5. Costs of Emergency Repairs. Costs incurred
in the performance of emergency work, by Borough personnel or outside
parties, may be paid by the Borough. The legal counsel of the Borough
shall institute appropriate action against the property owner or agent
of the premises where the unsafe structure is or was located for the
recovery of such costs, plus attorney's fees, including but not
limited to filing of municipal claims pursuant to 53 P.S. § 7107,
et seq., for the cost of the emergency work, 6% interest per annum,
plus a penalty of 5% of the amount due plus attorney's fees and
costs incurred by the Borough in connection with the emergency work
and the filing of the municipality claim.
E.
Section 111, Means of Appeal. Delete §§ 111.1,
111.2, 111.3, 111.4, 111.5, 111.6, 111.7 and 111.8 in their entirety
and replace them with the following:
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111. Means of Appeal.
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111.1. Application for Appeal. Any person aggrieved
by a decision of the Code Official or a notice or order issued under
this Code shall have the right to appeal, within 20 days after the
date of the decision, notice or order appealed from, to the Borough
of Thornburg Borough Council. The Borough Council may hear the appeal
or may designate the Construction Code Board of Appeals ("Board"),
which Board shall have jurisdiction to hear and rule on appeals filed
hereunder. Such appeal shall be filed in writing, shall state the
grounds for appeal, be accompanied by the required appeal fee, $50
or such other fee as set under the Borough of Thornburg Fee Schedule
by resolution, and shall be processed and heard in accordance with
the Local Agency Law and, if assigned to the Board, the procedural
requirements Construction Code Board of Appeals Rules of Procedure
and Operation, provided further that any substantive requirements
of such Rules of Procedure and Operation applicable only to appeals
under the Uniform Construction Code shall not apply to appeals under
the Property Maintenance Code. All advertising and court reporter
costs resulting from the appeal will be paid by the appellant prior
to commencement of the appeal hearing.
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111.2. All appeals under the Property Maintenance
Code must be based on a claim that the true intent of this Code or
the rules legally adopted thereunder have been incorrectly interpreted,
that the provisions of this Code do not apply, that the requirements
of this Code are satisfied by other means or that the strict application
of the Code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the Code would prevent the property owner or occupant from making
reasonable use of the property.
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111.3. The appeal tribunal may consider the following
factors in deciding a claim of hardship:
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111.3.1. Whether the owner or occupant has complied
with prior orders or agreements covering maintenance of the property.
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111.3.2. Whether the owner or occupant has a history
of investment or improvement at the property.
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111.3.3. Whether the cost of repair or compliance
is reasonable in relation to the value of the property and the danger
presented by the property.
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111.3.4. Whether enforcement of the Code would
result in a taking without compensation.
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111.3.5. The length of time any violations have
existed.
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111.3.6. Degree of mitigation attempted.
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111.3.7. Number and severity of violations at the
property.
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111.3.8. Visibility of violations from the street
and neighboring properties.
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111.3.9. Existence of similar conditions at neighboring
properties.
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111.3.10. Danger presented by the violations to
children or the sick or elderly.
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111.4. The appeal tribunal shall have no authority
to waive requirements of the Property Maintenance Code except upon
a finding of undue hardship made pursuant to §§ 111.1,
111.2 and 111.3.
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111.5. The appeals tribunal shall decide appeals
based on the vote of a majority of a quorum of the Board.
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111.6. A timely filed appeal shall stay the enforcement
of the matter appealed until the appeal tribunal has ruled, except
where the matter appealed from involves "imminent danger" under § 901.1
in the opinion of the Code Official.
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F.
Section 112.4. Revise Subsection 112.4 to read:
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112.4. 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 to a fine of not more
than $1,000. Each day that a violation continues shall constitute
a separate offense.
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G.
Chapter 3, General Requirements, Section 302, Exterior Property
Areas.
(1)
In Section 302.4, Weeds, delete the first sentence and replace
it with the following: All premises and exterior property shall be
maintained free from weeds or grasses in excess of 12 inches in height.
(2)
Add new Subsection 302.10, Prohibited Furniture, to read as
follows:
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302.10, Prohibited Furniture. Furniture which would
be adversely affected by the elements and are susceptible to infestation
by insects, rats or other vermin is prohibited from being placed or
stored on exterior property. Such prohibited furniture shall include,
but is not limited to, upholstered couches and couches, davenports,
beds, sofas and any other interior-type fabric-covered articles not
designed or intended for use in an exterior area.
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H.
Section 304, Exterior Structure, Section 304.14, Insect Screens. Insert the words, "April 1 to October 31" in the spaces provided
in the first sentence of this section.
I.
Section 308.2. Disposal of Rubbish. Amend this section
to read as follows:
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308.2. Disposal of Rubbish, Trash or Solid Waste. Both the owner and occupant of a structure shall be responsible
for the disposal of all rubbish, trash or solid waste in a clean and
sanitary manner by placing such rubbish in approved containers. Dumping
of rubbish, trash or solid waste on public or private property by
a non-occupant or owner of said property shall constitute a violation
subject to the penalties in Section 106.4.
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J.
Section 308.3. Disposal of Garbage. Amend this section
to read as follows:
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308.3. Disposal of Garbage. Both the owner and
occupant of a structure shall be responsible for the disposal of garbage
in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers. Dumping
of garbage on public or private property by a non-occupant or owner
of said property shall constitute a violation subject to the penalties
in Section 106.4.
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K.
Section 602.3. Insert dates as follows in the space
provided: "from September 1 to May 31."
L.
Section 602.4. Occupiable Work Spaces. Insert dates
as follows in the space provided: "from September 1 to May 31."
