The Borough of Silverdale adopts as its Building Code the BOCA National Building Code/1990, as published by the Building Officials and Code Administrators International, Inc., subject to provisions in this article deleting, amending, adding to and making insertions in that code, which is hereinafter referred to as "the code" or "this code." This code is superseded on any related provisions by the CABO One- and Two-Family Dwelling Code, 1987 Edition, as adopted by the Borough of Silverdale.[1] Copies of the BOCA National Building Code/1990 have been placed on file with the Borough Secretary and will remain on file there. The entire code, except for those portions that are deleted, modified or amended in the following sections of this article, 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 Building Code, as amended in this article, shall be controlling within the limits of the Borough of Silverdale.
[Adopted 9-8-1992 by Ord. No. 234]
The code is modified and amended in the following respects:
A.
Whenever the words "name of jurisdiction" appear in brackets in the code, the words "Borough of Silverdale" shall be inserted in place of those bracketed words. Likewise, the words "Borough of Silverdale" shall be substituted for the word "jurisdiction" where it appears singly in the code without being preceded by the words "under the."
B.
The term "chief appointing authority of the jurisdiction" and the term "chief authority of the jurisdiction," as used in the code, shall mean the Borough Council.
C.
The term "legal officer of the jurisdiction, as used in the code, shall mean the Borough Solicitor.
D.
Whenever the term "code official" is used in the code, it shall mean the Building Inspector.
E.
Section 100.1 is amended to read as follows:
100.1 Title: These regulations shall be known as the “Building Code of the Borough of Silverdale,” hereinafter referred to as "the code" or "this code.” |
F.
Section 103.4 is amended to read as follows:
103.4 Rehabilitation. Buildings existing prior to the effective date of this code in which there is work involving repairs, alterations, additions or changes of use shall be made to conform to this code by applying the requirements of Article 32 or the provisions of Articles 2 through 31. |
G.
Section 109.0 and all subsections thereunder are deleted, and the following are substituted for that section and subsections:
SECTION 109.0 BUILDING INSPECTOR | |
|---|---|
109.1. Establishment of office of Building Inspector. The office of Building Inspector is hereby created, and the person in charge thereof shall be known as the “Building Inspector.” The Building Inspector shall be appointed by and shall serve at the pleasure of the Borough Council, and nothing herein shall prevent the Borough Council from appointing as Building Inspector any person holding other appointive Borough office or employment. To serve during temporary absence or disability of the Building Inspector, the Borough Council shall designate an Acting Building Inspector. | |
109.2. Duties of Building Inspector. It shall be the duty of the Building Inspector to enforce within the Borough all laws and ordinances relating to the construction, alteration, removal and demolition of buildings. | |
109.3. Right of Entry. The Building Inspector, in the discharge of his official duties and upon proper identification, shall have authority to enter any building, structure or premises in the Borough at any reasonable hour. | |
109.4. Official records. An official record shall be kept of all business and activities of the Building Inspector specified in this code, and all such records shall be open to public inspection at all reasonable times, except that no individual, owner, operator, occupant, or other person shall be subject to unwarranted invasion of privacy, and except that all evidence or information obtained in the course of any inspection shall be considered privileged information and shall be kept confidential. Such evidence or information shall not be disclosed except as may be necessary, in the judgment of the Building Inspector, for the proper and effective administration and enforcement of the provisions of this code and shall not otherwise be made public without the consent of the owner, occupant, operator, or other person in charge of the unit, structure, or premises inspected. |
H.
Whenever the term "department of building inspection" is used in the code, that term shall mean the Building Inspector.
I.
Section 110.6 is amended by adding the following sentence at the end thereof:
Furthermore, the Borough Council shall have authority, at its discretion, to abrogate any rule or regulation, or part thereof, in which case that rule or regulation or part thereof shall cease to be in effect in the Borough. |
J.
Section 110.8 is amended to read as follows:
110.8. Annual report: At least once a year, and more frequently if required by the Borough Council, the Building Inspector shall submit to the Council a written statement of operations in such form and content as shall be prescribed by the Council. |
K.
Section 114.3.1 is amended to read as follows:
114.3.1. Fees: The fees for building permits shall be as set forth in a fee schedule adopted by ordinance or resolution of the Borough Council. |
L.
Section 114.5 is amended to read as follows:
114.5. Refunds: In the case of revocation of a building permit or abandonment or discontinuance of a building project, no fee or part of a fee shall be refunded. |
M.
Section 117.4 is amended to read as follows:
117.4. Violation penalties: Any person who violates or fails to comply with any provision or requirement of this code, or who erects, constructs, alters or repairs a building or structure or any part of a building or structure in violation of a detailed statement or plan submitted under this code or of a permit or certificate issued as provided in this code, shall be guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of not less than $50 and not more than $1,000, and costs of prosecution, and, in default of payment of the fine and costs, to imprisonment for not more than 30 days. The owner of a building or structure or part of a building or structure or of the premises where anything in violation of this code shall be placed or shall exist and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall each be guilty of a separate offense and, upon conviction, shall be sentenced to pay a fine of not less than $50 and not more than $1,000, and costs of prosecution, and, in default of payment of fine and costs, to imprisonment for not more than 30 days, provided that each day's continuance of a violation shall constitute a separate offense. |
N.
Section 118.2 is amended to read as follows:
118.2 Unlawful continuance: Any person who shall continue to work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $50 nor more than $1,000. |
O.
Section 123.0, "Board of Survey," and all subsections thereunder are deleted in their entirety.
P.
Section 124.1 is amended to read as follows:
124.1. Appeal from decisions of Building Inspector: Any person aggrieved by a decision of the Building Inspector shall have the right to appeal that decision, in writing, to the Borough Council. An 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 this code do not fully apply, or an equivalent form of construction can be used. |
Q.
Subsections 124.2 through 124.6 are deleted in their entirety.
S.
Section 2903.2.4 is amended to read as follows:
2903.2.4 Signs within street or alley lines: Signs, including but not limited to projecting and other overhanging signs, shall not be permitted within street or alley lines, except for the following: | ||
a. | Transit directions, as referred to in Section 2902.3.2; | |
b. | Street signs, as referred to in Section 2902.3.3; | |
c. | Official signs erected by authority of the Vehicle Code or to give notice of provisions of the Borough's traffic or parking ordinances; | |
d. | Temporary signs giving notice of detours and/or warning of construction work or hazards; and | |
e. | Miscellaneous and temporary signs as referred to and regulated in Section 2913.0. | |
T.
Section 2906.0, Bonds and Liability Insurance, is deleted in its entirety.
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 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 the 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.