[HISTORY: Adopted by the Borough Council
of the Borough of Aldan 8-8-1984 by Ord. No. 398. Amendments noted where
applicable.]
Certain documents, copies of which are on file
in the office of the Borough of Aldan, being marked and designated
as the "Basic Building Code," 1981 Edition, and subsequent supplements
and amendments thereto as published by the Building Officials and
Code Administrators International, Inc., be and is hereby adopted
as the Building Code of the Borough of Aldan, Delaware County, in
the Commonwealth of Pennsylvania, for the control of buildings and
structures as herein provided; and each and all of the regulations,
provisions, penalties, conditions and terms of the "Basic Building
Code," 1981 Edition, are hereby referred to, adopted and made a part
hereof as if fully set out in this chapter.
The following sections of the 1981 Building
Officials and Code Administrators International, Inc., Basic 1981
Building Code shall be revised accordingly:
A.
111.2 FORM OF APPLICATION: The application
for a permit shall be submitted in such form as the Building Official
may prescribe and shall be accompanied by the required fee as prescribed
in Section 114.0, together with estimate of cost necessary to determine
the same, all of which shall be subject to the approval of the Building
Official.
B.
111.3 BY WHOM APPLICATION IS MADE: Where
the owner retains the services of another person (hereinafter referred
to as "general contractor") to construct the proposed building or
structure, application for the permit shall be made by the general
contractor or his authorized agent rather than by the owner, and the
permit shall be issued to the contractor rather than to the owner.
C.
111.9 TIME LIMITATION OF APPLICATION. An application for a permit for any proposed work shall be deemed
to have been abandoned six months after date of filing, unless such
application has been diligently prosecuted or a permit shall have
been issued; except that for reasonable cause, the Building Official
may grant one or more extensions of time for additional periods not
exceeding 30 days each. Every permit shall be considered canceled
if active work is not commenced within 60 days of issue. Cost of each
extension of said permit shall be 25% of original fee.
D.
112.1 ACTION ON APPLICATION: The Building
Official shall examine or cause to be examined all applications for
permits and amendments thereto within 20 days after filing. If the
application or the plans do conform to the requirements of the Basic
Code and all laws and ordinances applicable thereto, he shall issue
a permit therefor as soon as practicable. All builders must be bonded
and have certificates of insurance.
E.
112.9 NOTICE OF START: At least 24 hours
notice of start of work under a building permit shall be given to
the Building Official, but under no circumstances shall work begin
on footings and foundation walls until the required inspection has
been made.
F.
114.3 FEE SCHEDULE: A fee for each plan
examination, building permit and inspection shall be paid in accordance
with a fee schedule passed by resolution of the Borough Council from
time to time.
[Amended 9-11-1985; 4-9-1986; 1-14-2009 by Res. No. 2009-02; 11-16-2022 by Ord. No. 532]
G.
118.3 MOVING OF BUILDINGS: Delete entire
subsection.
H.
119.0 VOLUME COMPUTATION: Delete entire
section.
I.
[Amended 8-14-1991 by Ord. No. 433; 5-13-1992
by Ord. No. 444] Section 117.4 ENFORCEMENT REMEDIES AND PENALTIES:
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A.
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Enforcement remedies.
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1.
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If any building, structure or land is or is
proposed to be erected, constructed, reconstructed, altered, modified,
maintained or used in violation of the Basic Code or any stop-work
order or similar order issued by the Building Official, the Borough
Council or its authorized representative and/or the Building Official
may, in addition to other remedies, institute in the name of the borough
any and all appropriate civil, equitable or administrative proceedings
or causes of action to prevent, restrain, correct or abate such building,
structure or land or to prevent, in or about such premises, any act,
conduct, business or use constituting a violation of either the Basic
Code or an order of the Building Official by any person, partnership,
corporation or entity which owns, maintains, possesses or otherwise
has control of the offending building, structure or land.
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2.
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The Borough Council or its authorized representative
and/or the Building Official may, in addition to the civil, equitable
and administrative remedies authorized in subparagraph 1 above, commence
a civil enforcement proceeding, in the name of the borough, against
any person, partnership, firm, corporation or entity which has violated
or permitted the violation of the provisions of the Basic Code or
any order of the Building Official; upon a finding of liability against
a defendant in any such civil enforcement proceeding, shall require
the payment of a judgment of not more than $3,000, in addition to
all court costs, expenses and attorney's fees incurred by the borough
as a result of such action.
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3.
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The District Justice having competent jurisdiction
upon the building, construction or land which is the subject matter
of any civil, equitable, administrative or civil enforcement action
permitted by subparagraphs 1 and 2 above shall be the proper forum
and venue for such proceedings.
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4.
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If the defendant in any action or proceeding
commenced within subparagraphs 1 and 2 above neither pays nor timely
appeals the judgment, including all costs, fees and expenses regarding
the proceedings contained within subparagraphs 1 and 2 above, the
borough may enforce the judgment pursuant to the applicable Rules
of Civil Procedure.
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5.
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Each day a violation of the Basic Code or any
order of the Building Official continues shall constitute a separate
and distinct violation.
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6.
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All judgments, costs, expenses and attorney's
fees awarded pursuant to the provisions of subparagraphs 1 and 2 above
shall be paid to the borough.
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B.
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Enforcement penalties.
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1.
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Any person, partnership, firm, corporation or
entity who violates any provision of the Basic Code or any provision
of this chapter shall, upon conviction thereof, be guilty of a summary
offense punishable by a fine not to exceed $1,000 and/or a term of
incarceration not to exceed 30 days, in addition to all court costs,
expenses and attorney's fees incurred by the borough.
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2.
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Each day that a violation continues shall constitute
a separate and distinct offense.
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J.
118.2 UNLAWFUL CONTINUANCE: Any person,
corporation, partnership, firm or entity who shall continue any work,
construction or similar activities in or about a building or structure,
subsequent to the issuance and service of a stop-work order, except
such work, construction or similar activities as is directed by the
Building Official to perform or remove a violation, failure to comply
or unsafe condition, shall be guilty of a summary offense, punishable,
upon conviction, by a fine not to exceed $1,000 or by incarceration
not to exceed 30 days, or both such fine and imprisonment. Each day
after due notification that such a violation or failure to comply
with a stop-work order continues shall be deemed a separate offense.
[Amended 8-14-1991 by Ord. No. 433]
K.
[Amended 5-13-1992 by Ord. No. 444] Section
124.1 APPEALS:
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A.
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Appealable matters.
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1.
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The owner of a building, land or structure or
any other person, partnership, firm, corporation or entity may appeal
a decision of the Building Official to Borough Council when such decision
involves:
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a.
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The refusal to grant a modification of the provisions
of the Basic Code governing the manner of construction or materials
to be used in the erection, alteration or repair of a building, structure
or land;
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b.
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The refusal to grant a building or demolition
permit or similar permits;
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c.
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The issuance of a stop-work order.
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B.
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Appeal procedures. Such an appeal shall be in
writing, shall set forth the decision appealed from and the reasons
for the appeal and shall be verified by affidavit. The original appeal
shall be filed with the Borough Secretary, while contemporaneously,
a true and correct copy of the same shall be forwarded to the Borough
Solicitor. It shall be the duty of the Borough Secretary to bring
said appeal to the attention of the Borough Council, which shall proceed
to consider said appeal at a special meeting to be fixed therefor
or at the next regular meeting to be held at least 10 days after the
date of the filing of such appeal. The decision of the Borough Council
shall be final. Any party participating in an appeal before the Council
shall have the right to:
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1.
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Appear and be heard;
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2.
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Be represented by counsel;
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3.
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Give or present a short opening or introductory
statement;
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4.
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Present witnesses, evidence and testimony and
cross-examination of hostile or opposing witnesses, so long as all
of the foregoing is accomplished pursuant to the same rules applied
by the courts of Pennsylvania, or such lessor rules of evidence as
permitted by Borough Council;
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5.
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Give or present a short closing or concluding
summary statement.
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L.
124.2 CONSTRUCTION OF BOARD OF APPEALS: Delete entire subsection.
M.
124.3 COMPENSATION OF BOARD OF APPEALS: Delete entire subsection.
N.
124.7.4 SPECIAL TECHNICAL SERVICES: When
applications for unusual designs of magnitude of construction are
filed, the Building Official may refer such plans and specifications
to the Plan Review Service of the Building Officials and Code Administrators
International, Inc., for advice and recommendations as to their safety
of design and compliance with the Basic Code; or he may in his discretion
retain a properly qualified licensed engineer or registered architect
to examine such application for a specific building operation with
respect to safety and conformance to statutory requirements. Such
employed licensed engineer or registered architect shall supervise
the construction in the field to secure compliance with the approved
plans and permit; and upon completion of the work, he and the builder
shall file with the Building Official a verified report to the effect
that the building has been erected in accordance with accepted engineering
practice and in conformity to all the statutory provisions governing
building construction for the designated use group classification
of the building or structure in respect to use, fire grading, floor
and occupancy loads. Fees for such special technical services shall
be paid for by the applicant. A permit shall be issued within 20 days
of receipt of Plan Review recommendations from the Building Officials
and Code Administrators International, Inc.
O.
510.0 PERMISSIBLE STREET PROJECTIONS: Delete entire section.
P.
622.2 LANES AND PARKING SPACES: Access
lanes not less than 12 feet in width shall be provided for each row
of cars; and the parking space shall be not less than 10 feet by 20
feet in area for each motor vehicle.
Q.
622.5 OFF-STREET PARKING: SINGLE-FAMILY DWELLINGS: On all dwellings hereafter constructed in the Borough of Aldan,
if the property shall not have a garage or garages with a driveway
leading to such garage or garages of a hard-surfaced paving, constructed
in accordance with the borough's requirements and sufficient to store
and house at least one automobile for each family unit for which said
dwelling shall be constructed, then an off-street parking area must
be provided for one automobile per family unit for which garage provision
is not available. The off-street parking area must be no smaller than
20 feet in length and 10 feet in width and connected to the street
with a paved driveway of not less than 10 feet in width. If it is
proposed to close off an existing garage, the same off-street parking
area shall then be provided as is required of an applicant desiring
to construct a new dwelling without a garage as hereinbefore set forth.
Every application for a permit to construct or alter a building requiring
off-street parking under the terms of the provisions hereinbefore
set forth shall have indicated on it and in the plans and specifications
which accompany it sufficient information regarding the off-street
parking which it is proposed to provide so as to enable the Building
Official to determine that the requirements with respect to off-street
parking shall be deemed to be a permit condition upon the completion
of the required off-street parking facilities. An apron at curb must
not exceed 21 feet in width leading to an eighteen-foot-wide driveway
and a twelve-foot apron at curb leading to a ten-foot driveway. Failure
to complete the required off-street facilities shall be a violation
of the terms of the permit and shall constitute a violation of this
chapter. No certificate of occupancy shall be issued until the required
off-street parking facilities have been complete.
R.
623.0 MOBILE DWELLING UNITS: At no time
may a trailer or mobile home be used as a temporary or permanent dwelling.
S.
625.2 CONSTRUCTION: All towers shall
be constructed of approved corrosion-resistive noncombustible materials.
T.
429.4 LOCATIONS: Private swimming pools
shall not encroach on any front or side yard required by the Basic
Code or the governing zoning law, except by specific rules of the
community in which it may be located. No wall of a swimming pool shall
be located less than four feet from any rear or side property line,
except by specific exception of the Zoning Hearing Board of the community
in which it may be located.
U.
627.0 SWIMMING POOL SAFETY: Delete entire
section.
