A certain document, three copies of which are on file in the office of the Secretary of the Borough of Swoyersville, being marked and designated as the "BOCA Basic Building Code/1970, Fifth Edition," as published by the Building Officials and Code Administrators International, be and is hereby adopted as the Building Code of the Borough of Swoyersville, Luzerne County, Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA Basic Building Code/1970, Fifth Edition, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in §
39-2 of this chapter.
The following sections are hereby revised as follows:
A. Section 100.1 (Page 1, second line). Insert the name of the municipality
as being "Swoyersville."
B. Section 100.1 (Page 1, seventh line). Insert the name of the municipality
as being "Swoyersville."
C. Section 105.1 (Page 3, second line). Insert the date of the adoption
of this code as being April 6, 1970.
D. Section 107.1 (Page 4, second line). Insert the name of the municipality
as being "Swoyersville."
E. Section 118.2 (Page 12). Delete said section and insert the following:
[Amended 11-15-1971 by Ord. No. 16-1971; 8-7-1989]
Fees for permits for building, construction, alteration or for
converting or enlarging any building or structure, including aluminum
awnings, ornamental railings, storm windows, sheds over 100 square
feet, concrete sidewalks, concrete driveways, chimneys and blacktop
driveways, shall be as follows:
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(1)
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Where the estimated cost does not exceed $100, the fee shall
be $5.
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(2)
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Where the estimated cost is more than $100 but does not exceed
$300, the fee shall be $6.
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(3)
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Where the estimated cost is more than $300 but does not exceed
$700, the fee shall be $12.
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(4)
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Where the estimated cost is more than $700 but does not exceed
$1,000, the fee shall be $17.
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(5)
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Where the estimated cost exceeds $1,000, the fee shall be $17,
plus $4 for each additional $1,000 in excess of the first $1,000.
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F. Section 118.3 (Page 12, third line). Insert the rate as being $0.50.
G. Section 118.4 (Page 12.) Delete said section and insert the following:
Fees for permits for demolition of a building or structure shall
be as follows:
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(1)
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Where the estimated cost does not exceed $500, the fee shall
be $10.
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(2)
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Where the estimated cost is more than $500 but does not exceed
$1,000, the fee shall be $20.
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(3)
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Where the estimated cost exceeds $1,000, the fee shall be $20
for the first $1,000, plus $4 for each additional $1,000 or part thereof.
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H. Sections 119.0, 119.1, 119.2 and 119.3 (Page 13) shall be deleted.
I. Section 122.3 (Page 15). Delete said section and insert the following:
Any person who shall violate a provision of the Basic Code or
shall fail to comply with any of the requirements 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 the Basic Code
shall be guilty of a summary offense and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding $300 and costs of prosecution,
and in default of the payment of such fine and costs, he may be sentenced
to imprisonment in the Luzerne County Prison for not more than 30
days.
J. Section 123.2 (Page 16). Delete said section and insert the following:
Any person who shall continue any work in or about the building
after having been served with a stop order, except such work as he
is directed to perform to remove a violation or unsafe conditions,
shall be guilty of a summary offense and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding $300 and costs of prosecution,
and in default of the payment of such fine and costs, he may be sentenced
to imprisonment in the Luzerne County Prison for not more than 30
days.
K. Section 126.3 (Page 18). Delete said section and insert the following:
The third member of the Board shall receive for his services
a fee of $50 per day, payable by the appellant.
L. Section 127.4 (Page 19). Insert the following:
Appeals to the Board of Appeals shall be taken within 20 days
after a decision is rendered by the Building Official and written
notice given thereof to the party or parties in interest. Such appeal
shall be made in writing, alleging reasons for the same, and be filed
with the Building Official.
M. Section 200.0 (Page 22, third line). Insert the name of the municipality
as being "Swoyersville."
N. Section 200.2 (Page 22, third line). Insert the name of the municipality
as being "Swoyersville."
O. Section 300.0 (Page 47, second line). Insert the name of the municipality
as being "Swoyersville."
P. Section 301.1 (Page 47, fourth line). Insert after "as bounded by"
the following: "the area involved on the northerly line parallel to
and 200 feet north of Main Street; the southerly boundary; the northerly
right-of-way of Townsend Avenue; the easterly boundary; the westerly
right-of-way of Dennison Street; and the westerly boundary; a line
parallel to and 150 feet east of Owen Street."
Q. Section 301.2 (Page 47). The whole of this section shall be deleted.
R. Section 1308.21 (Page 345, second line). Insert "five."
S. Section 1308.22 (Page 345, second line). Insert "five."
T. Section 1408.1 (Page 355, third line). Insert "$1,000."
U. Section 1408.2 (Page 355, fourth line). Insert the name of the municipality
as being "Swoyersville."
V. Section 1703.1 (Page 388, third line). Insert the name of the municipality
as being "Swoyersville."
W. Section 1900.4 (Page 400, third line). Insert the name of the municipality
as being "Swoyersville."
Wherever any provision or requirement of the regulations of
the Department of Labor and Industry of the Commonwealth of Pennsylvania
is more stringent or stricter than a provision or requirement of this
chapter, the applicable provision or requirement of the regulations
of said Department of Labor and Industry shall supersede any such
provision or requirement of this chapter.