[HISTORY: Adopted by the Council of the Borough
of West Chester 4-21-2004 by Ord. No. 10-2004. Amendments noted
where applicable.]
The Borough Council of West Chester hereby adopts
the International Existing Building Code, 2003 Edition, as now and
as hereafter supplemented, reissued, amended and revised as published
by the International Code Council, Inc., with Appendixes A and B.
Not fewer than three copies of the International Existing Building
Code, 2003 Edition, have been and now are filed in the Borough's office
of the Department of Building, Housing and Codes Enforcement, and
the same is hereby adopted and incorporated as fully as if set out
at length herein.
The following amendments, additions, deletions
and changes are hereby made to the International Existing Building
Code, 2003 Edition:
A.
Section 101.1 shall be amended by the deletion of
the words, "[NAME OF JURISDICTION]" and the replacement thereof with
"the Borough of West Chester."
B.
Section 103 shall be deleted in its entirety and replaced
with the following: "103 DEPARTMENT OF BUILDING, HOUSING AND
CODES ENFORCEMENT."
C.
Section 103.1 shall be deleted in its entirety and
replaced with the following:
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"103.1 Code official. The Department
of Building, Housing and Codes Enforcement shall be responsible for
administering and enforcing this code. The executive official in charge
of the Department of Building, Housing and Codes Enforcement shall
be known as the "code official."
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D.
Section 108.2 shall be amended to state as follows:
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"108.2 Fee schedule. The Borough
Council shall, by resolution, adopt a schedule of fees which shall
be kept on file in the Department of Building, Housing and Codes Enforcement
and shall be reviewed and revised as necessary by the Borough Council."
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E.
Section 112.1 shall be amended to read as follows:
[Amended 8-15-2012 by Ord. No. 15-2012; 9-16-2015 by Ord. No. 13-2015]
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"Section 112.1 General. The Borough,
along with five other municipalities in Chester County, is a member
of the West Chester Area Council of Governments (WCACOG) pursuant
to an intergovernmental cooperation agreement to create the West Chester
Area Council of Governments dated the 1st day of April, 2003. The
WCACOG has formed a Board of Appeals for the members in the WCACOG,
which Board shall hear and decide appeals of orders, decisions or
determinations made by the respective municipalities' building
official relative to the application and interpretation of the municipalities
building code and all other related codes that are published by the
International Code Council, Inc., and are referenced in Chapter 35
of the International Building Code, 2003 Edition, including the municipalities'
existing building code. The Board of Appeals shall be appointed by
the WCACOG and shall be governed by rules and regulations adopted
by the WCACOG pursuant to the agreement. The Board of Appeals shall
adopt rules of procedure for conducting its business."
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F.
Section 113.4 shall be amended to read as follows:
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"113.4 Violation penalties. Any
person who violates or permits the violation of any provision of this
code or shall fail to comply with any order issued pursuant to any
section thereof shall, upon conviction thereof in a summary proceeding
brought before a District Justice, be guilty of a summary offense
and shall be subject to the payment of a fine of not less than $25
and not more than $1,000, plus the costs of prosecution. Upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a period of not more than 30 days. Each section
or provision of this chapter that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this
chapter is found to exist shall constitute a separate offense, each
of which violations shall be punishable by a separate fine imposed
by the District Justice of not less than $25 and not more than $1,000,
plus the costs of prosecution, and, upon default of payment thereof,
the defendant may be sentenced to imprisonment in the county prison
for a term not more than 30 days."
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G.
Section 1201.2 shall be amended by deleting the words,
"[DATE TO BE INSERTED BY JURISDICTION"] and replacing it with "June
13, 1973."
