[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.