The Borough of Silverdale hereby adopts the CABO One- and Two-Family Dwelling Code, 1986 Edition, published by the Council of Building Officials. This code shall supersede related provisions in the BOCA National Building Code/1987, the BOCA National Plumbing Code/1987, the National Electrical Code/1987 and the BOCA National Fire Prevention Code/1987, as modified and amended. Copies of the CABO One- and Two-Family Dwelling Code have been placed on file with the Borough Secretary and will remain on file there. The entire CABO Code is adopted and incorporated by reference as fully as if set out verbatim in this article; and from the date when this article takes effect, the provisions of that code shall be controlling within the limits of the Borough of Silverdale.
[Adopted 7-5-1988 by Ord. No. 203]
The code is modified and amended in the following respects:
A.
Section R-106.3 is amended to read as follows:
R-106.3 Penalties. Any person who violates any provision of this code or who fails to comply with any of the requirements of this code or who does work in violation of an approved plan or directive of the Building Inspector or a permit or certificate issued under the provisions of this code shall be guilty of a summary offense and, for every offense, upon conviction, shall be sentenced to pay a fine of not less than $50 nor more than $1,000, and costs of prosecution, and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days; provided that the imposition of one penalty for any such 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. |
B.
Section R-107 is amended to read as follows:
R-107 Right of Appeal. A Board of Appeals, which shall be composed of the Borough Council, ex officio, is hereby established. The Board of Appeals shall have the duty, responsibility and authority to decide the matters referred to it under this One- and Two-Family Dwelling Code. | |
Any owner of a building or structure or any other person who is aggrieved with a decision of the Building Inspector refusing to grant a modification of the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of a building may appeal the matter to the Board of Appeals. Application for appeal may be made when it is claimed that the true intent of this code or the rules legally adopted under this code have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction can be used. | |
The appeal must be made to the Secretary of the Borough of Silverdale, in writing, within 30 days of the rendering of the decision of the Building Inspector. The decision of the Borough Council shall be by resolution. The appellant shall receive a certified copy of the decision, and the Building Inspector shall comply with the directive. At all times the appellant retains the right to appeal to a court of appropriate jurisdiction. |
C.
Section R-109.1 is amended to add the following sentence:
The application shall be accompanied by an adequate description of the proposed work and by the required fee as set forth by ordinance or resolution of Borough Council. |
D.
Section R-109.3 is amended to add as follows:
R-109.3 Action on Application; Appeals. | ||
(a) | The Building Inspector shall examine the application in order to determine compliance with the law, this code and other applicable ordinances of the Borough and shall, within 15 days after filing, either approve or reject the application. If the application or the plans do not conform to the requirements of all pertinent laws and ordinances, he shall reject such application in writing, stating the reasons therefor. If he is satisfied that the proposed work conforms to the requirements of this code and all laws and ordinances applicable thereto, he shall issue a permit as soon as practicable. A permit issued under this code shall not be transferable. | |
(b) | Whenever the Building Inspector disapproves an application or refuses to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Building Inspector to the Borough Council within 30 days from the date of the decision of the Building Inspector. The decision of the Borough Council shall be by resolution. The appellant shall receive a certified copy of the decision, and the Building Inspector shall comply with the directive. At all times the appellant retains the right to appeal to a court of appropriate jurisdiction. | |
E.
Section R-111 is amended to add as follows:
R-111.1.7 Notice. The Building Inspector shall serve a notice of violation or order on the person responsible for the work in violation of any provision of this code, or in violation of a detailed statement or a plan approved under this code, or in violation of a permit or certificate issued under the provisions of this code. The notice of violation or order shall direct the discontinuance of the illegal action or condition and the abatement of the violation and shall allow a reasonable time for the initiation and correction or of the remedial actions required, except where emergency conditions exist which require immediate corrective action. When not otherwise specified, each day that prohibited conditions are permitted to remain, after the date of the notice, shall constitute a separate offense punishable under R-106.3. |
F.
The term "building official," as used in the code, shall mean the Building Inspector. The permits and fees required under this article shall not apply to any repair or improvement costing or having a fair market value of less than $100 for parts and labor.
In interpreting any provision of the code adopted by this article, the following principles shall apply:
A.
The said code shall not supersede any provisions of the law of the Commonwealth of Pennsylvania or of any regulation promulgated by any department or agency of the Commonwealth by authority of law, where such law or regulation is in conflict with or identical to a provision of the said code; provided, however, that any provision of the said code that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Borough of Silverdale, subject to the penalties herein prescribed for a violation of the code adopted by this article.
B.
Mention in or regulation by the code adopted by this article of any specific use of property, or of any business or industry, shall not in itself authorize such use of property or the establishment or carrying on of such business or industry in the Borough. It is declared that the intent of Borough Council is that permitted and prohibited uses of property in the Borough shall be as governed by Chapter 340, Zoning, its amendments and supplements.
Nothing in this article or in the code adopted by this article shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability incurred or any cause or causes of action accrued or existing under any article repealed by this article, nor shall any right or remedy of any character be lost, impaired or affected by this article.