[Ord. 528, 7/20/1982; as amended by Ord. 572, 10/10/1990;
and by Ord. 618, 9/11/1996, § 1]
The Township hereby adopts, for the purpose of establishing
rules and regulations for the construction, alteration, equipment,
fire protection and safety of buildings and structures, including
administration, building permits, and penalties, the building code
known as the "BOCA Basic National Building Code, 1996, Thirteenth
Edition," save and except such portions as are hereinafter deleted,
modified or amended, of which three copies have been and are now filed
in the office of the Township Secretary, and the same is hereby adopted
and incorporated as fully as if set out at length herein. From the
date on which this Part shall take effect, the provisions thereof
shall be controlling in the construction of all buildings and structures,
and in all other subjects therein contained, within the corporate
limits of the Township.
[Ord. 528, 7/20/1982; as amended by Ord. 569, 3/14/1990;
by Ord. 572, 10/10/1990; by Ord. 573, 11/26/1990; by Ord. 601, 3/9/1994;
by Ord. 630, 12/9/1998; and by Ord. 689, 12/8/2010]
The building code hereby adopted is amended as follows:
1. "Darby Township" shall be inserted wherever the words "Name of Municipality"
appear in brackets therein.
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Whenever the term "legal officer" or "legal representative"
is used in this code, it shall be held to mean the Township Solicitor.
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2. Section 109.2 is hereby amended to read as follows:
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§ 109.2 Appointment: The Building Official
shall be appointed by the Board of Commissioners to serve during the
pleasure of the appointing authority.
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3. Section 109.4 is hereby amended to read as follows:
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§ 109.4 Deputy: During temporary absence
or disability of the Building Official, the Board of Commissioners
shall designate an Acting Building Official.
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4. Section 109.5 shall be amended to read as follows:
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§ 109.5 Qualifications of Building Official: To be eligible for appointment, the candidate for the position shall
have had experience as an architect, structural engineer, building
inspector or superintendent of building construction. He shall be
of good health, physically capable of making the necessary examinations
and inspections. He shall not have any interest whatever, directly
or indirectly, in the sale or manufacture of any material, process,
or device entering into or used in connection with building construction,
alterations, removal, and demolition.
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5. Section 114.3.1 shall be amended to read as follows:
[Amended by Ord. 711, 12/4/2013]
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114.3.1 Fee Schedule. The fees charged by the Township
for building permits, inspections and plan examinations shall be in
accordance with the following schedule:
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A. An application fee of $75, plus:
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Value of Construction
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Fee
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Up to $1,000
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$100
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Up to $2,000
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$145
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Up to $3,000
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$190
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Up to $4,000
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$220
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Up to $5,000
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$250
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Up to $6,000
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$280
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Up to $7,000
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$310
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Up to $8,000
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$340
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Up to $9,000
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$370
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Up to $10,000
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$445
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An additional $40 per $1,000, or portion thereof, thereafter.
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The fees for alterations, additions and repairs shall be the
same as for new construction.
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The Building Inspector shall have the sole power in determining
whether a fee is required for a permit or not.
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B. Fees for Demolition and Removal. For a permit to raze, remove, tear
down or move any building, the fee shall be an application fee of
$75, plus the sum of $100 for the first $1,000 and $50 for each additional
$1,000 or portion thereof of the estimated cost of such work.
C. Fees for Signs and Billboards.
(1)
A permit shall be required to erect, install or alter any sign,
and the fees per location, except as otherwise specified, shall be
as follows; provided, however, that temporary signs not over 25 square
feet in area, either advertising property for sale or rent, or contractor's,
builder's, or architect's signs placed during the time a
building is being erected, or altered, may be erected on such property
without a permit, unless hereinafter specified. The fee for such permit
shall be an application fee of $75, plus $100 for the first $1,000
and $50 for each additional $1,000 or fraction thereof.
D. Fees for Towers, Masts, Poles and Antennas. A permit shall be required
for installation of all towers, masts, poles and antennas over 20
feet above the highest point of any building to which they may be
attached and for all installations over 30 feet in height when erected
on natural ground. The fee for such permit shall be an application
fee of $300, plus $500 for each $1,000 or fraction thereof.
6. Section 117.4 shall be amended to read as follows:
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§ 117.4 Violation Penalties: Any person
who shall violate any provision of this code or who shall fail to
comply with any requirement thereof or who shall erect, construct,
alter, or repair a building or structure in violation of an approved
plan or directive of the Building Official, or of a permit or certificate
issued under the provisions of this code, shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000, and in default
of payment, to imprisonment for not more than 30 days. Every day that
a violation of this code continues shall constitute a separate offense.
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7. [§ 118.2 shall be deleted;] OR [§ 118.2 is hereby
amended to read as follows:]
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§ 118.2 Unlawful Continuance: Any person
who shall continue any 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 not exceeding $1,000, and in default of
payment, to imprisonment for a term not to exceed 30 days.
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8. Section 123.3 is hereby amended to read as follows:
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§ 123.3 Compensation of Board of Survey: The third member of the Board shall receive for his services a fee
to be paid by the applicant, in an amount as established by resolution.
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9. Section 201.0 is hereby amended to read as follows:
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Alley: any public way primarily intended to provide vehicular
access to the rear of lots fronting upon public streets or avenues.
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Building line: a line, established by ordinance or designated
upon an officially adopted lot plan, beyond which a building shall
not extend.
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10. Section 2906.1 is hereby amended to read as follows:
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§ 2906.1 Filing Bond: No person shall
erect, install, remove, or rehang any sign for which a permit is required
under the provisions of the Basic Code until an approved bond shall
have been filed in the sum to be determined by resolution.
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[Ord. 528, 7/20/1982; as amended by Ord. 572, 10/10/1990]
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements thereof are
the same as or in excess of the provisions of this Part. The code
shall control in all cases where the state requirements are not as
strict as those contained in this Part.
[Ord. 528, 7/20/1982; as amended by Ord. 572, 10/10/1990]
The provisions of this Part, so far as they are the same as
those of ordinances and/or codes in force immediately prior to the
enactment of this Part, are intended as a continuation of such ordinances
and codes and not as new enactments. The provisions of this Part shall
not affect any act done or liability incurred, nor shall they affect
any suit or prosecution pending or to be instituted to enforce any
right or penalty or to punish any offense under the authority of any
of the repealed ordinances.