For the purpose of promoting the health, safety and general welfare
of the Borough of Churchill, the provisions of the 1999 Edition of the BOCA
National Building Code/1999, prepared by the Building Officials and Code Administrators
International, Inc., is hereby adopted as the Building Code of the Borough
of Churchill aforesaid, except as hereinafter modified, altered, limited and
restricted; said 1999 Edition of the BOCA National Building Code, by reference
thereto, is made part hereof, with the same force and effect as if such provisions
were fully and at length recited herein. It is the intent of this Borough
to continue to update this edition by resolution adopting said future revisions.
The Borough of Churchill also hereby adopts the 1998 CABO Code as the same
is more fully set forth. It is the intent of this Borough to continue to update
this code by resolution by adopting any future CABO revisions.
[Added 4-8-2003 by Ord. No. 684]
A. Additional codes adopted.
(1) The Uniform Construction Code, 1999 Building Officials
and Code Administrators International, Inc., National Building Code, Fourteenth
Edition, and the American National Standards for Passenger Tramways, Aerial
Tramways, Aerial Lifts, Surface Lifts and Tows, ASME/ANSI B77.1, shall be
adopted as the Construction Code of the Borough of Churchill, in the Commonwealth
of Pennsylvania, established in 35 P.S. § 7210.301, without the
International Plumbing Code, for the control of all structures including swimming
pools and spas, except utility and miscellaneous use structures with a building
area less than 500 feet that are accessory to detached one-family dwellings
or any agricultural building.
(2) Enforcement. The Borough of Churchill shall enforce the
Uniform Construction Code.
B. Plumbing Code.
(1) In lieu of the International Plumbing Code, the Borough
of Churchill adopts the Allegheny County Health Department Plumbing Code as
its standard plumbing code as permitted by 35 P.S. § 7210.503(a).
(2) Enforcement. The Borough of Churchill shall enforce the
Allegheny County Department Plumbing Code through its contractual relationship
with the Allegheny County Health Department Plumbing Section, a duly certified
plumbing inspection third-party agency meeting all of the statutory requirements
set forth in the Uniform Construction Code Act, 35 P.S. § 7210.701
et seq.
Wherever in said building codes reference is made to "statutes of the
state," the same shall be deemed to refer to the Commonwealth of Pennsylvania,
and wherever reference is made to "municipality," the same shall be deemed
to refer to the Borough of Churchill.
The Secretary is hereby ordered to attach to the Ordinance Book of this
Borough a copy of said 1999 Edition of the BOCA National Building Code with
the same force as if the provisions thereof were fully and at length set forth
therein.
Insofar as any of the provisions of said 1999 Edition of the BOCA National Building Code are inconsistent with any of the provisions of Chapter
304, Zoning, as amended, the provisions of said Chapter
304, Zoning, and its amendments, shall prevail and govern. The provisions in said 1999 Edition of the BOCA National Building Code relating to structures or uses which are prohibited or relating to area requirements which must be met by the terms of said Chapter
304, Zoning, and its amendments, of the Borough of Churchill, shall be deemed inoperative, and such structures or uses shall continue to be prohibited and such requirements shall continue in full force and effect.
The Council of the Borough of Churchill shall have the right to authorize
such exceptions to and variances from the provisions of said 1999 Edition
of the BOCA National Building Code as hereby adopted as will not be contrary
to public interest, where owing to special conditions, a literal enforcement
of the provisions of said code shall result in unnecessary hardship, so that
the spirit of said code shall be observed and substantial justice done.
From and after the passage of this chapter, it shall be
unlawful for any person, firm or corporation to erect, use, occupy or maintain
any building or structure in violation of any provision of the 1999 Edition
of the BOCA National Building Code as hereinbefore adopted or to cause, permit
or suffer any such violation to be committed. Any such person, firm or corporation
violating any of said provisions shall, upon conviction therefor before the
District Justice, be punished for each provision violated by a fine not exceeding
$1,000, together with costs of prosecution, and, in default of payment of
such fine and costs, shall be imprisoned for not more than 30 days in the
county jail. It shall be the responsibility of the offender to abate the violation
as expeditiously as possible, and each day that such violation is permitted
to continue shall constitute a separate offense.
A copy of the 1999 Edition of the BOCA National Building Code as enacted
and ordained in this chapter is on file and available for public inspection
in the Municipal Building of the Borough of Churchill, at 2300 William Penn
Highway, Churchill, Pennsylvania.