[HISTORY: Adopted by the Borough Council of the Borough of
Houston 12-16-1959 by Ord. No.
281 (Ch. 4, Part 1, of the 1985 Code of Ordinances).
Amendments noted where applicable.]
No person shall cause or permit any building or structure to
be constructed, erected, altered, repaired, razed or removed upon
any land in the Borough of Houston without first obtaining a permit
therefor from the Borough of Houston.
There is hereby created the office of Borough Building Inspector.
The Borough Building Inspector shall be appointed and removed by the
Council, and shall receive such compensation for his services as the
Council shall fix by proper resolution, but in no event shall such
compensation exceed the fees received by the Borough from the issuance
of building permits.
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Borough Building Inspector, or
upon such other person as may be designated by the Borough of Houston,
who shall have such powers as are conferred on him by this chapter
and are reasonably implied for that purpose. It shall be the duty
of the Borough Building Inspector to examine all alteration, repair,
razing or removal and uses which are in accordance with this and other
applicable ordinances, and record and file all applications for permits
with accompanying plans. Every application shall be accompanied by
a fee, payable in cash to the Borough of Houston, in accordance with
a fee schedule adopted by the Council of the Borough of Houston by
proper resolution, said fees to be on a graduated scale and shall
not be less than $2, nor more than $15.
[Amended 6-14-1995 by Ord. No. 438]
If an application for a building permit involves the razing,
demolition or removal of a building or structure, at the time of filing
of an application, the applicant shall provide proof of the following:
A.
That the applicant has obtained all necessary permits, licenses,
approvals, and/or variances as may be required by law, including,
but not limited to, the approval of the Zoning Officer, Zoning Hearing
Board, Board of Appeals, the Fire Chief, State Police Fire Marshal,
Pennsylvania Department of Environmental Protection, Pennsylvania
Department of Community and Economic Development, Pennsylvania Department
of Labor and Industry, and all applicable federal agencies.
B.
That the applicant has obtained a performance bond insuring the contractor
in an amount comparable to the estimated cost of the demolition. In
lieu of such bond, the applicant shall submit a certified check or
a cashier's check in the total amount of the estimated cost of the
demolition, said funds to be held by the Borough until the work is
completed and the Building Inspector has determined that said demolition
has met all the requirements and conditions of the Houston Borough
Code of Ordinances.
Permits shall be granted or refused within 10 days after date
of application. In case of refusal by the Borough Building Inspector,
the applicant shall be informed of his right of appeal to the Council
of the Borough of Houston, provided such appeal is filed, in writing,
with the Borough Secretary within 30 days after notice of refusal
by the Borough Building Inspector. Upon the completion of the erection
or alteration of any building or portion thereof authorized by any
permit, and prior to occupancy and use, the holder of such permit
shall notify the Borough Building Inspector, or such other person
as may be designated by the Borough, of such completion. No permit
shall be considered complete or permanently effective nor shall any
building be occupied or lot used until said official has issued and
approved as being in conformity with the permit and the provisions
of this chapter and other applicable ordinances. All applications
with accompanying plans and documents shall be public records.
No permit for the erection, razing, change, alteration or removal
of buildings shall be valid or effective after six months from the
date of issuance thereof and shall thereafter be void, unless the
work authorized by the permit shall have been substantially commenced
within six months from the date of issuance and proceeded with, with
due diligence. If, however, the applicant has been delayed in proceeding
with the work for which the permit was granted by reason of any reasonable
cause not due to his own negligence, the permit may be renewed without
additional costs to the applicant.
In interpreting and applying the provisions of this chapter
they shall be held to be the minimum requirements for promotion of
the public health, safety and general welfare. It is not intended
to interfere with, abrogate or annul any ordinance, rules or regulations
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings or land. Where this chapter
imposes greater restrictions than are required by such ordinances,
rules and regulations, this chapter shall control.
[Amended 11-16-1983 by Ord. No. 403]
[Amended 9-18-1985 by Ord. No. 411; 10-12-1988]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000; and/or to imprisonment for a term
not to exceed 90 days. Every day that a violation of this chapter
continues shall constitute a separate offense.
[Added 6-14-1995 by Ord.
No. 438]
The following conditions are applicable to the razing, demolition
or removal of a building or structure:
A.
The Building Inspector shall impose, as a condition of the issuance
of the permit for the razing, demolition or removal of a building,
such requirements as to the manner and method of demolition as are
reasonably necessary to assure the health, safety, welfare and convenience
of the public, which conditions shall be set forth in writing and
attached to the permit. Such requirements are imposed upon the owner
and any contractor or other person performing the demolition work,
including agents of the owner or contractor.
B.
All demolition shall conform to the following requirements:
(1)
The work to be performed shall include the demolition of all structures,
vaults, steps, walls and the disposal of all excess material, junk
and rubbish.
(2)
Before the commencement of work, measures shall be undertaken to
exterminate all rodents and other pests from the project area so as
to prevent the migration of such pests through the use of a Type 2
anticoagulant. Warning signs shall be displayed as required by the
Department of Health.
(3)
If the structure to be demolished is more than two stories or 25
feet high measured from the sidewalk or street level and the horizontal
distance from the inside of the sidewalk to the structure is 15 feet
on less, a substantial sidewalk shed shall be constructed over the
entire width to accommodate pedestrian traffic without causing congestion.
The sidewalk shed shall be lighted, either by natural or artificial
means, sufficient to ensure safety at all times. The requirement of
the sidewalk shed shall be at the discretion of the Building Inspector.
(4)
When the horizontal distance from the inside of the sidewalk to a
structure is more than 15 feet and less than 25 feet, in lieu of the
construction of a shed, a substantial fence may be constructed along
the inside edge of the sidewalk or, if permission has been granted
to close the sidewalk, a substantial fence, eight feet high, may be
constructed at the curbline and a safe place to walk in the cartway
of the street shall be provided.
(5)
When demolition work using machinery methods are employed, the building
may be demolished in a step-like fashion as long as adequate lateral
support of the structure exists. No wall, chimney or other construction
shall be allowed to fall en masse upon an upper floor. Bulky material,
such as beams and columns, shall be lowered and not allowed to fall
en masse.
(6)
Suitable barriers shall be erected and maintained by the contractor
around all openings in the ground, subject to the approval of the
Building Inspector.
(7)
The contractor shall furnish, erect and maintain approved danger,
warning and "keep out" signs as directed by the Building Inspector.
(8)
During demolition, the work shall be kept thoroughly wetted down
to prevent the spread of dust and the contractor shall provide necessary
water and connections therefor.
(9)
All sewer laterals must be capped at the curb by the contractor before
the start of any demolition and the necessary permits obtained.
(10)
Any basements or pits exposed by any demolition work shall be
backfilled to adjacent grade levels.
(11)
If, in the opinion of the Building Inspector or Fire Chief,
the site becomes a fire hazard, the Building Inspector or the Fire
Chief is empowered to stop all operations pending removal of said
hazard.
(12)
Window and door frames shall not be removed until the demolition
work shall have progressed to their elevations in the walls.
(13)
No portion of walls above elevation of the first floor and located
immediately adjacent and parallel to any street shall be barred loose
and demolished piecemeal.
(14)
Wood partitions, stairways, furnaces, piping apparatus, gasoline
or oil tanks and debris from within an existing basement must be removed
before demolition of a building or structure is commenced. In no case
shall fill be placed on a subgrade that is muddy, frozen or contains
frost.
(15)
In buildings containing no basement, where the ground floor
is a wood structure, the flooring joists and/or sleepers shall be
removed. In buildings where the ground floor is other than wood and
space exists under the floors, the floor shall be removed; where the
foundation consists of a slab, such slab shall be broken up and removed.
Concrete footers and floors shall be removed and graded to adjacent
ground level.
(16)
The contractor shall leave continuous buildings in a safe condition,
and shall not deface, mar, hurt or jeopardize any adjacent buildings.
Extreme care shall be exercised in the demolition of a building adjacent
to other structures which are to remain, and the contractor shall
be responsible for damages to adjacent buildings, and all repairs
shall be made by the contractor at no expense to the adjacent building
owner.
(17)
Any walls of continuous buildings left exposed by the demolition
shall be preserved and treated in a manner specified in BOCA Code,
Section 1805.3, so as to seal the surface of the walls and provide
adequate weather protection. All work required by this subsection
shall be completed within 60 days from the date of any demolition
work, which time may be extended by the Building Inspector for good
cause.
(18)
The contractor or owner shall furnish, at their expense, all
additional materials required for filling the subsurface areas to
the grade of the surface of the adjoining ground. Said material shall
be of a quality acceptable to the Building Inspector, and sufficient
quantity shall be on hand to ensure uninterrupted progress in completion
of the backfilling. Upon completion of the demolition, any cellar
shall be filled to a level not higher than the existing sidewalk and
yard. All backfilling shall be done in twelve-inch layers and each
layer compacted by a ten-ton roller or its equivalent. Compacting
the backfill with any loader is not acceptable. Eighteen inches of
soil free from stones, clods and debris shall be evenly spread over
all demolished structures. The entire area shall be cleaned and graded
so it can be cut with a mower.
(19)
The contractor shall remove all debris and equipment and dispose
of all materials from the site and leave the ground clear of all materials,
rubbish or debris and in a clean, sanitary condition, including sidewalks
and streets.
(20)
When the demolition involves the handling of a nonfriable asbestos-containing
material, such material shall be handled in accord with all requirements
of the Pennsylvania Department of Environmental Protection.
