[Ord. 944, 6/16/2004, § 1; as amended by Ord. No.
1080, 8/21/2019]
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. 944, 6/16/2004, § 1; as amended by Ord. 968, 3/14/2007, § 1; by Ord. 1000, 5/19/2010, § 1; and by Ord. No. 1080, 8/21/2019]
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 Forest Hills 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repealed ordinances which were originally adopted prior to July 1,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. Ordinance 830, enacted on March 18, 1992, which adopted the 1990
Edition of the BOCA Basic National Building Code, with certain modifications
and revisions thereto.
[Ord. 944, 6/16/2004, § 1; as amended by Ord. 968, 3/14/2007, § 1; by Ord. 1000, 5/19/2010, § 1; and by Ord. No. 1080, 8/21/2019]
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. 2015 International Building Code.
(1)
Section 1612.3: § 1612.3 is amended by inserting "Forest
Hills Borough" in the first space provided, and by inserting "September
21, 2001" in the second space provided.
B. 2015 International Energy Conservation Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Forest
Hills Borough" 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 Forest Hills Borough Code of Ordinances (Violations and Penalties).
(3)
Section 109: § 109 is restated in its entirety as follows: "See §
5-105 of the Forest Hills Borough Code of Ordinances (Board of Appeals)."
C. 2015 International Existing Building Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Forest
Hills Borough" in the space provided.
(2)
Section 112: § 112 is restated in its entirety as follows: "See §
5-105 of Forest Hills Borough Code of Ordinances, Board of Appeals."
D. 2015 International Fire Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Forest
Hills Borough" in the space provided.
(2)
Section 108: § 108 is restated in its entirety to include the following reference: "See §
5-105 of Forest Hills 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 Forest Hills 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 Forest Hills Borough Code of Ordinances (Violations and Penalties).
(5)
Section 1103.5.3: § 1103.5.3 is amended to include
the following: The sprinkler system must be installed by August 31,
2023.
(6)
Section 5704.2.9.6.1: § 5704.2.9.6.1 is restated in
its entirety as follows:
5704.9.6.1 Locations where above-ground tanks are prohibited.
Storage of Class I and II liquids in above-ground tanks outside of
buildings is prohibited within the limits established by law under
NFPA 30, Flammable and Combustible Liquids Code, as revised.
(7)
Section 5706.2.4.4: § 5706.2.4.4 is restated in its
entirety as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited.
The storage of Class I and Class II liquids in above-ground tanks
is prohibited within the limits established by law under NFPA 30,
Flammable and Combustible Liquids Code, as revised.
(8)
Section 5806.2 § 5806.2.2 is restated in its entirety
as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in
stationary containers outside of buildings is prohibited within the
limits established by law under NFPA 55, Standard for Storage, Use
and Handling of Compressed Gasses and Cryogenic Fluids in Portable
and Stationary Containers, Cylinders and Tanks, as revised.
(9)
Section 6104.2: § 6104.2 is restated in its entirety
as: "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. 2015 International Fuel Gas Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Borough
of Forest Hills" 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 Forest Hills 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 Forest Hills 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 Forest Hills Borough Code of Ordinances (Board of Appeals)."
F. 2015 International Mechanical Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Borough
of Forest Hills" 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 Forest Hills 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 Forest Hills 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 Forest Hills Borough Code of Ordinances (Board of Appeals)."
G. 2015 International Residential Code.
(1)
Section R101.1: § R101.1 is amended by inserting "Borough
of Forest Hills" 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 Forest Hills 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° F."
(f)
Ice barrier underlayment required: "Yes."
(g)
Flood hazards:
1)
"January 15, 1975 (Ordinance No. 632)."
2)
"September 21, 2001, as amended or revised."
3)
"Community Panel Numbers 4200350380, 0386, 0387."
(h)
Air freezing index: "1,500."
(i)
Mean annual temperature: "50.5° F."
(5)
Section P2603.6.1: § P2603.6.1 is amended by inserting
"36 inches" in the spaces provided.
H. 2015 International Wildland-Urban Interlace Code.
(1)
Section 101.1: § 101.1 is amended by inserting "Borough
of Forest Hills" in the space provided.
(2)
Section 103: § 103 is restated in its entirety to include the following reference: "See §
5-104 of the Forest Hills 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 Forest Hills 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 Forest Hills Borough Code of Ordinances (Violations and Penalties).
(5)
Section 114.4: § 114.4 is restated in its entirety
as follows:
114.4 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 Forest Hills Borough Code of Ordinances (Violations and Penalties).
[Ord. 944, 6/16/2004, § 1; as amended by Ord. 976, 1/16/2008; and by Ord.
No. 1080, 8/21/2019]
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 construction 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 Construction Code Official"), and shall be further
supplemented as follows:
A. Delegation of Duties. The Borough Construction 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.
(2)
Delegate his/her duties to a construction code official or current
code administrator.
B. Records. The Borough Construction 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. 944, 6/16/2004, § 1; as amended by Ord. No.
1080, 8/21/2019]
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 Forest Hills 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 Forest Hills 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 term.
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 Section 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 then a majority of all the regular members
of the Board.
(2)
If, by reason of absence or disqualification 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
1. A 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. 944, 6/16/2004, § 1; as amended by Ord. No.
1080, 8/21/2019]
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 of 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 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 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. 944, 6/16/2004, § 1; as amended by Ord. 976, 1/16/2008; and by Ord.
No. 1080, 8/21/2019]
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 Construction 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., Monday
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. 944, 6/16/2004, § 1; as amended by Ord. No.
1080, 8/21/2019]
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. 969, 3/14/2007, § 1; as amended by Ord. 1001, 5/19/2010, § 1; and by Ord. No. 1081, 8/21/2019]
The Borough hereby adopts the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, Inc., as the Property Maintenance Code of the Borough of Forest Hills for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupation and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code 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 §
5-202 of this Part.
[Ord. 969, 3/14/2007, § 502; as amended by Ord. 983, 1/21/2009, § 1; by Ord. 988, 6/17/2009;
by Ord. 1001, 5/19/2010, § 1; and by Ord. No. 1081, 8/21/2019]
1. The following sections and subsections of the International Property
Maintenance Code, 2015 edition, are hereby added, inserted, deleted,
restated or changed as set forth below:
A. Section 101.1: § 101.1 is amended by inserting "Forest
Hills Borough" in the space provided.
B. Section 102.3: § 102.3 is restated as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of Chapter
5, Part
1 of the Forest Hills Borough Code of Ordinances, "Construction Code," as amended. Nothing in this code shall be construed to cancel, modify or set aside any provisions of Chapter
27 of the Forest Hills Borough Code of Ordinances, "Zoning," as amended.
C. Section 103: § 103 is amended by changing the title of
the section to "Department of Code Administration/Building Inspection."
D. Section 103.1: § 103.1 is restated as follows:
103.1 General. The existing Department of Code
Administration/Building Inspection within the Zoning/Building Inspection
Department is charged with the implementation, administration, and
enforcement of the provisions of this code.
E. Section 103.2: § 103.2 is restated as follows:
103.2 Appointment. The Borough Council shall appoint
a Code Official/Building Inspector who shall be in charge of the Department
of Code Administration/Building Inspection. For the purposes of this
code, the Code Official/Building Inspector shall also be referred
to as the "Code Official." The Borough Council may appoint and contract
with outside persons and entities to serve as subcontractors for the
performance of such portions of the inspection or other duties of
the Code Official as the Borough Council may deem appropriate.
F. Section 103.5: § 103.5 is restated as follows:
103.5 Fees. The fees for applications and permits
referenced in this code and for the activities and services performed
by the Code Official in carrying out his/her responsibilities under
this code shall be established, from time to time, by resolution of
the Borough Council.
G. Section 106.3: § 106.3 is amended by restating the last
sentence of the section as follows: "Any action taken by the Borough
in the prosecution of a violation of this code 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."
H. Section 106.4: § 106.4 is restated as follows:
106.4 Violation penalties. Any person, firm, or
corporation who shall violate any provision of this code, or fail
to comply therewith, or with any of the requirements thereof, upon
conviction thereof in an action brought before the district magistrate
judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not less than $300 nor more than $1,000 plus costs,
including reasonable attorney fees incurred by the Borough, and in
default of payment of said fine and costs, to imprisonment to the
extent permitted by law for the punishment of summary offenses. 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 code 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 this code. All fines and penalties collected
for violation of this code shall be paid to the Borough Treasurer.
The initial determination of ordinance violation and the service of
notice of violation are hereby delegated to the Borough Manager, the
Police Chief, the Code Official/Building Inspector, the Code Enforcement
Officer, the Zoning Officer and their designees and to any other officer
or agent that the Borough Manager or the Borough Council shall deem
appropriate.
I. Section 111: § 111, Means of Appeal, is deleted in its
entirety and restated as follows:
SECTION 111
MEANS OF APPEAL
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111.1 Application for Appeal. Any applicant or person aggrieved by a decision of the Code Official or a notice or order issued under this code shall have the right of appeal to the Board of Appeals established under Chapter 5, Part 1 of the Forest Hills Borough Code of Ordinances, "Construction Code," as amended, 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 this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
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111.2 Regulations and Procedures for Appeals. All appeals under this code shall proceed under the regulations and procedures established under Chapter 5, Part 1 of the Forest Hills Borough Code of Ordinances, "Construction Code," as amended.
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J. Section 112.4: § 112.4 is restated as follows:
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 considered to be in violation of this code
and subject to the violation penalties under § 106 of this
code.
K. Section 113: A new § 113, "Rental Property Inspection Permit,"
is hereby inserted as follows:
SECTION 113
RENTAL PROPERTY INSPECTION PERMIT
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113.1 General. A rental property inspection permit,
certifying that the use and structure is in compliance with this code
and all other ordinances of the Borough, shall be obtained before
any change of occupancy may occur in a residential property let for
occupancy, as defined in § 202 of this code. Prior to occupying
the building in which the change in occupancy is established, the
property owner or lessee shall be required to make application for
a rental property inspection permit.
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113.2 Permit Application. Applications for a rental
property inspection permit shall be submitted to the Code Official.
This application shall include, among other things, the current address
and telephone number of the property owner and the property manager,
if any.
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113.3 Issuance of Permit and Inspection. Prior
to the issuance of a permit under this section, and as a condition
precedent thereto, the Code Official, or his/her designee, shall inspect
the premises and structure that is the subject of the change in occupancy.
The Code Official shall issue a permit under this section once it
has been determined that the subject premises and structure are in
compliance with this code and all other ordinances of the Borough.
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113.4 Notice of Change in Occupancy to Borough. In order to facilitate the inspection required by this section,
the property owner shall notify the Code Official at least 30 days
prior to any change in occupancy.
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113.5. Notice of Change in Ownership. The current
property owner shall notify the Code Official at least 30 days'
prior to any change in ownership or ownership structure of the subject
property, and at that time provide the Code Official with the new/proposed
property owner's address and telephone number. This notice of
change of ownership shall be a condition of any permit issued under
this section.
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113.6 Notice of Property Owner Change of Address. The property owner shall notify the Code Official at least 30 days'
prior to property owner's change of address or telephone number,
and shall at that time provide the Code Official with the property
owner's new address or telephone number. This notice of change
of address shall be a condition of any permit issued under this section.
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113.7 Display of Permit. Any permit issued under
this section shall be exhibited at any time on request of the Code
Official, or his/her designee.
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113.8 Revocation of Permit. Any property owner
or lessee violating this section shall be subject to immediate revocation
of his/her rental property inspection permit.
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113.9 Enforcement Remedies. Any person who violates
a provision of this section shall be subject to the violation penalties
set forth in § 106 of this code. Additionally, the Borough
may direct the municipal water agency, authority or company or public
authority providing public water service in the Borough to cease water
service to the subject property until compliance with this code and
all other applicable Borough ordinances is achieved.
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L. Section 201.3: § 201.3 is amended by deleting the reference
to the "International Zoning Code" in the section.
M. Section 202: § 202 is amended by adding the following definition:
JUNK VEHICLE. Any vehicle which is without a currently valid
license plate or state registration and/or is in a rusted, wrecked,
discharged, dismantled, partly dismantled, inoperative, or abandoned
condition, and/or for which the certificate of title has been returned
to the Pennsylvania Department of Transportation in accordance with
the provision of the State Vehicle Code, 75 Pa. C.S.A. § 101
et. seq., and/or which by its appearance is unsightly and not in repairable
condition, and/or which had been declared abandoned according to the
provisions of the State Vehicle Code. Where a certificate of junk
has been issued by the Pennsylvania Department of Transportation,
such certificate shall be conclusive evidence that the subject vehicle
is a junk vehicle; however, where no such certificate has been issued
or applied for, the failure to have the vehicle licensed shall be
prima facie evidence that the subject vehicle is a junk vehicle.
N. Section 301: § 301 is amended by inserting a new Section
301.4 as follows:
301.4 Lead-based paint. Lead-based paint with a
lead content of more than 0.5% shall not be applied to any interior
or exterior surface of a dwelling, dwelling unit, or child care facility,
including fences and outbuildings at these locations. Existing interior
and exterior painted surfaces of dwelling units and child care facilities
that contain lead paint with a lead content of more than 0.5% shall
be removed or covered with paneling or other suitable covering approved
by the Code Official.
O. Section 302.4: § 302.4 is amended by restating the first
paragraph of the section as follows:
302.4 Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches and shall be landscaped so as to have either grass or other
form of approved ground cover, growing or artificial or maintained
in its natural state. All noxious weeds shall be prohibited. Weeds
shall be defined as all grasses, annual plants and vegetation, other
than trees or shrubs; provided, however, this term shall not include
cultivated flowers and gardens.
P. Section 302.8: § 302.8 is amended by adding the following
sentences at the end of the first paragraph: "No junk vehicle shall
be stored outside any private or public property, including vacant
lots, streets, or alleys in the Borough."
Q. Section 304.3: § 304.3 is amended by restating the section
as follows:
304.3 Premises and Identification. All premises
with any structures erected thereon shall have approved address numbers
placed in a position which is within the line of sight and plainly
legible and visible from the street or road fronting the property,
except that address numbers shall not be placed on any structure's
garage door. Required address numbers may be placed in a position
above a garage door if the address numbers are plainly legible, within
the line of sight and plainly legible and visible from the street
or road fronting the property and not obstructed at any time by any
vehicle or other object located in front of or adjacent to the garage
door. These numbers shall contrast with their background. Address
numbers shall be Arabic numerals or alphabet letters. Numbers shall
be a minimum of four inches (102 mm) high with a minimum stroke width
of 0.05 inch (12.7 mm). The requirements of this section are in addition
to and superior to any other less stringent requirements which now
exist under the Forest Hills Borough Code of Ordinances.
R. Section 304.14: § 304.14 is amended to insert "June 1"
for the first reference of [DATE] and "September 30" for the second
reference of [DATE].
S. Section 308.1 § 308.1 is amended and restated as follows:
308.1 Accumulation of Rubbish, Garbage or Other Materials. All exterior property and premises, including accessory buildings,
shall be free from the accumulation or storage of the following:
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A.
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Rubbish or garbage, including any such accumulation or storage
in the interior of any structure.
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B.
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Commercial, industrial, or building materials, except when such
materials are for the purpose of rehabilitating any building or structure
on the subject premises.
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C.
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Scrap material of any kind, any old scrapped or used appliances,
fixtures, automobile parts, machinery and machinery parts and/or other
similar material or any other form of discarded or unused or unusable
materials (including building materials) which by their appearance
are unsightly.
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T. Section 404.5: § 404.5 is deleted in its entirety and restated
as follows:
404.5 Overcrowding. The number of persons occupying
a dwelling unit shall not create conditions that, in the opinion of
the Code Official, endanger the life, health, safety or welfare of
the occupants.
U. Section 404.5.1: § 404.5.1 is deleted in its entirety.
V. Section 404.5.2: § 404.5.2 is deleted in its entirety.
W. Section 602.3: § 602.3 is amended to insert "October 1"
for the first reference of [DATE] and "May 1" for the second reference
of [DATE].
X. Section 602.4: § 602.4 is amended to insert "October 1"
for the first reference of [DATE] and "May 1" for the second reference
of [DATE].
[Ord. 969, 3/14/2007, § 503; as amended by Ord. No.
1081, 8/21/2019]
When the provisions of this chapter are in conflict with other
sections of the Forest Hills Borough Code of Ordinances or any other
ordinances of the Borough or any other applicable codes, the more
stringent code, ordinance or regulation shall apply.