Borough of Wilkinsburg, PA Chapter 121 Building Construction

[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg 3-7-2001 by Ord. No. 2642. This ordinance also supersedes former Ch. 121, Building Construction, adopted 2-26-1997 by Ord. No. 2542. Amendments noted where applicable.]

GENERAL REFERENCES

Numbering of buildings — See Ch. 123.

Unsafe buildings — See Ch. 125.

Fire prevention — See Ch. 146.

Housing standards — See Ch. 162.

Subdivision and land development — See Ch. 229.

Zoning — See Ch. 260.

Fees — See Ch. A266.

§ 121-1 Adoption of building code.

The basic code published by the Building Officials and Code Administrators International Inc., designated as "The BOCA National Building Code, Fourteenth Edition, 1999," future supplements and amendments, and new editions, are hereby adopted by reference, with the same effect as if fully and at large set forth herein, by the Borough of Wilkinsburg, Pennsylvania, as provided for by the Act of Assembly 1931, June 23, P.L. 932, Article XLI, § 4131, added 1951; June 28, P.L. 662, § 41, as amended 1963, July 30, P.L. 354, § 1; 1971, July 29, P.L. 250, No. 61, Section 3,[1] as hereinafter amended by this chapter (hereinafter "the code").

[1] Editor's Note: See 53 P.S. §§ 39130 to 39133.

§ 121-2 Modification.

Variations. When there are practical difficulties involved in carrying out structural or mechanical provisions of the basic code or of an approved rule, the Director of Code Enforcement may vary or modify such provisions upon application of the owner or his representative, provided that the spirit and intent of the law shall be observed and public welfare and safety be assured.

§ 121-3 Enforcement.

The Director of Code Enforcement or his designee shall enforce the code hereby adopted.

§ 121-4 Amendments to BOCA National Building Code.

The code hereby is amended and changed in the following respects:

A. Chapter 1, Administration.

(1) Section 101.1, Title. This section is amended to read as follows:

"These regulations shall be known as the `Building Code of the Borough of Wilkinsburg,' hereinafter referred to as 'this code.'"

(2) Section 111.0, Conditions of Permit. The following sections are hereby added to this section:

(a) Section 111.5 Compliance with worker's compensation legislation: All contractors applying for a building permit will provide to the Building Official documentation of his current workman's compensation insurance in the form of a certificate holder, or an affidavit stating that he or she is not required to provide same, and a legitimate reason why so.

(b) Section 111.6 Additional agency approval: No permit for new construction or renovation of buildings other than Use Group R-1 or R-2 shall be issued prior to the approval of the Fire Chief of the Borough of Wilkinsburg, or his designee.

(3) Section 112.0, Fees. These sections are hereby amended to read as follows:

(a) Section 112.3.1 Fee schedule: A fee for each plan examination, building permit and inspection shall be paid in accordance with the fee schedule adopted from time to time by the Borough of Wilkinsburg.[1]

[1] Editor's Note: See Ch. A266, Fees.

(b) Section 112.3.2 Work prior to permit. In the event work is commenced on any project prior to the issuance of a building permit, the fees for the acquisition of a permit shall be doubled.

(4) Section 116.4 Violations. This section is amended to read as follows:

Section 116.4 Violation penalties: Any person who shall violate a provision of the code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of any approved plan or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a summary offense, punishable by a fine of not less than $50, or more than $1,000, or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(5) Section 117.0, Stop work order. This section is amended to read as follows:

Section 117.2 Unlawful continuance: Any person who shall continue any work in or about the structure having been served with a stop order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $50 or more than $1,000.

(6) Section 121.1, Means of appeals. This section shall be amended to read as follows:

(a) Section 121.1 Application for appeal: Any person shall have the right to appeal a decision of the Code Official to the Board of Appeals. A written application for appeal must be filed within 10 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the Code do not fully apply or an equivalent form of construction is to be used.

(b) The following subsection is added to this section:

Section 121.1.1 Appeal fee: No appeal request will be accepted unless a fee of $150 is deposited with the Department of Code Enforcement prior to said hearing.

(c) Section 121.2.1 Qualifications: The Board of Appeals shall consist of the following individuals: Wilkinsburg Borough Manager, Wilkinsburg Borough Director of Code Enforcement, Wilkinsburg Borough Fire Chief, Wilkinsburg Borough Solicitor and the Wilkinsburg Borough Engineer.

B. Chapter 34, Existing Structures. This section shall read as follows:

Section 3408.2 Applicability: Structures existing prior to March 7, 2001, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements of this section or the provisions of Sections 3403.0 through 3407.0 The provisions in Sections 3408.2.1 through 3408.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Use Groups A, B, E, F, M, R and S. These provisions shall not apply to buildings with occupancies in Use Group H or I.