[Adopted 11-15-1961 by Ord. No. 528; amended in its entirety 6-23-2004 by Ord. No. 942]
The purpose of this article is to continue to insure compliance with the various Borough ordinances, in order to maintain a high standard of housing throughout the Borough of Morrisville, provide for their enforcement, set penalties for noncompliance, and to provide for fees. However, the Borough by this article is not acting as a guarantor of any property insofar as any potential owner or occupant is concerned, nor shall the Borough be considered to be involved in any manner in the contractual relationships between the parties.
The Borough hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Borough of Morrisville.
Administration and enforcement of the code within the Borough shall be undertaken in any of the following ways as determined by the Borough Council from time to time by resolution:
A. 
By the designation of an employee of the Borough of Morrisville to serve as the Building Code Official to act on behalf of the Borough;
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough of Morrisville;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this code through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of this code on behalf of the Borough of Morrisville; or
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
The Borough of Morrisville shall have the power to modify any of the provisions of this article upon application in writing by the owner of a premises or his agent, when there are practical difficulties in the way of carrying out the strict letter of this article, provided that the spirit of this article shall be observed, public safety secured and substantial justice done.
All records of the Building Code Official pursuant to this article shall be open to public inspection for good and sufficient reasons during office hours.
A. 
The Building Code Official of the Borough of Morrisville is hereby authorized and directed to administer and enforce the provisions of this chapter. Said Building Code Official may enter and inspect any dwelling or part thereof at any reasonable time whenever necessary to secure compliance with this article or any part thereof or to prevent a violation thereof.
B. 
All records of the Building Code Official pursuant to this article shall be open to public inspection for good and sufficient reasons during regular business hours.
C. 
There shall be a fee charged under § 129-19 prior to the issuance of a building permit and under § 129-24 prior to the award of a certificate of occupancy. Said fees shall be set forth in the Morrisville Borough Fee Schedule for each permit, inspection, or each reinspection. All fees collected under the provisions of this article shall be paid to the Borough of Morrisville in order to defray the costs of the aforesaid inspection. Fees required by this article shall be established or amended pursuant to a resolution of the Council of the Borough of Morrisville.
A. 
All definitions contained in the code, as amended from time to time, are hereby adopted and incorporated herein by reference.
B. 
In addition, unless otherwise expressly stated, the following words used in this article shall have the meanings indicated below. The present tense includes the future tense, the singular number includes the plural number the singular, and the masculine gender includes the feminine and neuter genders.
BUILDING CODE OFFICIAL
A construction code official, or the construction code official's designee, who manages, supervises and administers building code enforcement activities under Chapter 401.7(18) of the Construction Code (relating to certification category specifications). Duties shall include, but not be limited to, management of the municipal building code.
BOCA
Building Officials and Code Administrators International, Inc., publishers of the "BOCA National Building Code," the "BOCA National Plumbing Code," the "International Property Maintenance Code," the "BOCA National Fire Prevention Code," and the "BOCA National Mechanical Code."
[Amended 10-16-2017 by Ord. No. 1018]
CABO
Council of American Building Officials, publishers of the "CABO One and Two Family Dwelling Codes."
HABITABLE SPACE
Space in a structure for living, sleeping, eating or cooking. Bathroom, toilet compartments, closets, hall, storage or utility spaces and similar areas shall not be construed as habitable spaces.
NFPA LIFE SAFETY CODE
A certain document designated as the "NFPA Life Safety Code," as published by the National Fire Protection Association, for the control of buildings and structures as herein provided.
OCCUPANCY
Approved use of a building or structure under the Construction Code.
UTILITY AND MISCELLANEOUS USE STRUCTURES
Buildings or structures of an accessory character and miscellaneous structures not classified by the Building Officials and Code Administrators International, Inc., in any specific use group. The term includes carports, detached private garages, greenhouses and sheds having a building area less than 500 square feet. The term does not include swimming pools or spas.
A. 
Any aggrieved person, owner, operator, etc., shall have the right to demand, in writing, an administrative review before the Borough Manager to contest any decision, denial or order made by the Building Code Official under this article. Such demand for a hearing shall be signed by the contesting party and submitted within 10 days of receipt of the decision of the Building Code Official, and shall state what portion(s) of the decision, denial or order is contested, as well as his, her or their interest in the premises.
B. 
The Borough Manager shall set a date, time and place to conduct the administrative review, which shall be held not more than 30 days after the demand for an administrative review is received. Written notice of said administrative review shall be provided to the appellant, the owner of the premises and other interested parties.
C. 
The Borough Manager may affirm, reverse, modify or set aside, in whole or in part, any contested decision, denial or order of the Building Code Official. All decisions of the Borough Manager shall be submitted in writing within 20 days of the conclusion of the administrative review. The decision shall include the basis of all determinations made by the Building Code Official. A copy of the written decision shall be provided to the appellant, the Building Code Official, the Borough Solicitor, and to the Mayor and Council.
A Board of Appeals shall be established by resolution of the Borough Council in conformity with the requirements of the code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
An application for appeal must be submitted in writing to the Board of Appeals within 30 days of the receipt of the notice of adverse decision.
A. 
Any person who shall violate any provision of this article hereby adopted, or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall do or cause to be done electrical work in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Building Code Official within the time affixed therein, shall severally for each and every such violation and noncompliance, respectively, be guilty of violating this article, and upon conviction thereof be sentenced to a fine of not more than $1,000 and, in default of payment, to imprisonment for not more than 30 days.
B. 
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
C. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions by any action at law or in equity instituted by the Building Code Official on behalf of the Borough of Morrisville
In all matters that are regulated by the laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the Commonwealth promulgated by authority of law, such laws or regulations, as the case may be, shall control where the requirements thereof are the same as or in excess of the provision of this article. This article shall control in all cases where the Commonwealth requirements are not as strict as those contained in this article.
The provisions of this article, so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under authority of any of the repealed ordinances.
All building code ordinances or portions of ordinances which were adopted by the Borough on or before July 1, 1999, which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time. All other such ordinances or portions of ordinances, not equaling or exceeding the requirements of the code, are hereby repealed.
The Borough may, from time to time, enact an ordinance, according to code regulations, relating to the administration and enforcement of the code that meets or exceeds the requirements of the following sections:
A. 
Section 403.42(b) and 9(c) and § 403.62(a)-(e) relating to permit requirements and exemptions.
B. 
Section 403.42(a)-(e) and (g)-(n) relating to permit application.
C. 
Section 403.43(b), (c), (g), (h) and (k) relating to grant, denial and effect of permits.
D. 
Section 403.44 relating to alternative construction material and methods.
E. 
Section 403.45 and § 403.64 relating to inspections.
F. 
Section 403.46 and § 403.65 relating to certificate of occupancy.
G. 
Section 403.47 and § 403.66 relating to public utility connections.
H. 
Section 403.64 relating to inspections.
I. 
Section 403.81(a) and (b) relating to stop-work order.
J. 
Section 403.82 relating to notice of violation.
K. 
Section 403.83 relating to order to show cause/order to vacate.
L. 
Section 403.84(a)-(e) relating to unsafe building structure or equipment.
M. 
Section 403.85(a)-(c) relating to release retention and sharing of commercial construction records.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform to the comparable provisions of the code.