[HISTORY: Adopted by the Borough Council of the Borough of
Port Vue as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-23-1956 by Ord. No. 140; amended in its entirety 9-12-1989 by Ord. No.
401 (Ch. 5, Part 1, of the 1989 Code of Ordinances)]
The Borough of Port Vue 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 Building Code, 1987 Tenth 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 Borough Secretary, and the same are hereby adopted and incorporated
as fully as if set out at length herein. From the date on which this
article 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 Borough
of Port Vue.
[Amended 5-30-1990 by Ord. No. 412]
The Building Code hereby adopted is amended as follows:
A.
Borough of Port Vue 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 Borough Solicitor.
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B.
Section 109.1 is hereby amended to read as follows:
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109.1. Building Official: The office of Building Official is
hereby created and the executive official in charge shall be known
as the Building Official.
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C.
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 Borough Council. His appointment shall continue during good
behavior and satisfactory service. He shall not be removed from office
except for cause after full opportunity has been given him to be heard
on specific charges.
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D.
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 appointing authority shall designate an acting
Building Official.
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E.
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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F.
Section 114.3.1 shall be amended to read as follows:
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A.
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A flat fee of $10 shall be charged for all required building
permits issued in compliance with the Building Code Ordinance of the
Borough of Port Vue for building within the Borough having a value
of $5,000 or less.
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B.
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An additional fee of $2 shall be charged per each $1,000 above the $5,000 amount established in Subsection A.
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G.
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 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/or imprisonment of not more than
90 days. Each day that a violation of this code continues shall constitute
a separate offense.
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H.
Section 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 no exceeding
$1,000, and/or to imprisonment for a term not to exceed 90 days.
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I.
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 as established by resolution
of the Borough Council, to be paid by the applicant.
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J.
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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K.
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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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 article. The code
shall control in all cases where the state requirements are not as
strict as those contained in this article.
The provisions of this article, so far as they are the same
as those of ordinances and/or codes in force immediately prior to
the enactment of this article, are intended as a continuation of such
ordinances and codes and not as new enactments. The provisions of
this article 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.
[Adopted 3-10-2004 by Ord. No. 523]
The Borough of Port Vue hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101–7210.1103, as amended
from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the official municipal building code of the
Borough of Port Vue.
Administration and enforcement of the code within the Borough
of Port Vue shall be undertaken in any of the following ways as determined
by the Council of the Borough of Port Vue from time to time by resolution:
A.
By the designation of an employee of the Borough of Port Vue to serve
as the municipal code official to act on behalf of the Borough of
Port Vue.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough of Port Vue.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the Borough of Port Vue.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
[Amended 9-3-2014 by Ord. No. 583]
A.
The Borough of Port Vue shall enter into an intergovernmental cooperative
agreement with the Steel Valley and Twin Rivers Council of Governments
and its member municipalities to participate in a joint UCC Construction
Appeals Board.
B.
The Borough of Port Vue shall dissolve the Borough of Port Vue Uniform
Construction Code Appeals Board upon the formation of the Joint Uniform
Construction Code Appeals Board.
C.
The Borough of Port Vue shall pay its prorated share of costs for
the establishment and operation of the Joint Uniform Construction
Code Appeals Board with the understanding that a large share of the
operating expenses shall be borne by the individual applicants to
the Appeal Board.
A.
All building code ordinances or portions of ordinances which were
adopted by the Borough of Port Vue on or before July 1, 1999, and
which equal or exceed the requirements of the Code shall continue
in full force and effect until such time as such provisions fail to
equal or exceed the minimum requirements of the Code, as amended from
time to time.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this article and whose requirements
are less than the minimum requirements of the code are hereby amended
to conform with the comparable provisions of the code.
C.
All relevant ordinances, regulations and policies of the Borough
of Port Vue not governed by the code shall remain in full force and
effect.
Fees assessable by the Borough of Port Vue for administration
and enforcement undertaken pursuant to this article and the code shall
be established by the Council of the Borough of Port Vue by resolution
from time to time.
