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, as hereinafter amended by this chapter (hereinafter "the code").
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.
The Director of Code Enforcement or his designee shall enforce the code
hereby adopted.
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:
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"These regulations shall be known as the `Building Code
of the Borough of Wilkinsburg,' hereinafter referred to as 'this code.'"
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(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.
(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:
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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.
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(5) Section 117.0, Stop work order. This section is amended
to read as follows:
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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.
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(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:
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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.
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(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:
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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.
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