[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-18-2004 by Ord. No. 1140[1]]
[1]
Editor's Note: Note: This ordinance also repealed former
Art. I, Adoption of Building Construction Standards, adopted 4-14-1998
by Ord. No. 1083.
Ridley Park Borough hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, as amended from time to time,[1] and its regulations.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 through 405, as amended from time to time, is hereby adopted and
incorporated herein by reference as the municipal building code of
Ridley Park Borough.
Administration and enforcement of the code within Ridley Park
Borough shall be undertaken in any of the following ways as determined
by the Borough Council of Ridley Park from time to time by resolution:
A.Â
By the designation of an employee of Ridley Park to serve as the
municipal code official to act on behalf of Ridley Park Borough;
B.Â
By retention of one or more construction code officials or third-party
agencies to act on behalf of Ridley Park Borough;
C.Â
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement;
D.Â
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of Ridley Park Borough;
E.Â
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.
A Board of Appeals shall be established by resolution of the
Borough Council of Ridley Park in conformity with the requirements
of the relevant provisions of the code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
A.Â
All building code ordinances or portions of ordinances which were
adopted by Ridley Park Borough on or before July 1, 1999, and which
equal or exceed the requirements of the code, shall continue in 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.Â
All building 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 comparative provisions of the code.
C.Â
All relevant ordinances, regulations, and policies of Ridley Park
Borough not governed by the code shall remain in full force and effect.
Fees assessable by Ridley Park Borough for the administration
and enforcement undertaken pursuant to this article and the code shall
be established by Borough Council by resolution from time to time.
[Adopted 4-14-1998 by Ord. No. 1088]
The Borough of Ridley Park hereby adopts, for the purpose of
establishing rules and regulations for detached one- and two-family
dwellings, including administration, permits and penalties, the code
known as "CABO One- and Two-Family Dwelling Code, 1995 Edition," and
1996/1997 amendments, of which one copy has been and now is filed
in the office of the Borough Manager, and the same is hereby adopted
and incorporated as fully if set out at length herein.
The CABO One- and Two-Family Dwelling Code, 1995 Edition, and
1996/1997 amendments, hereby adopted, is amended as follows:
A.Â
Section 104.1 is hereby amended to read as follow:
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104.1
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Code Official: It shall be the duty and responsibility
of the Code Enforcement Officer or such other person designated by
Borough Council to enforce the provisions of this code.
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B.Â
Section 104.3 is hereby amended to read as follows:
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104.3
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Organization: The Code Official shall be appointed
by Borough Council of the Borough of Ridley Park to serve for such
term as it shall determine. The Borough Council of the Borough of
Ridley Park shall appoint such number of officers, technical assistants,
inspectors and other employees as shall be necessary for the administration
of this code. The Borough Council of the Borough of Ridley Park may
designate an employee as a deputy who shall exercise all the powers
of the Code Official during the temporary absence or disability of
the Code Official.
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C.Â
Section 104.4 is hereby amended to read as follows:
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104.4
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Rule Making Authority: The Borough Council of the
Borough of Ridley Park shall have the power as may be necessary in
the interest of public health, safety and general welfare to adopt
and promulgate rules and regulations to interpret and implement the
provisions of this code to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions.
Such rules shall not have the effect of waiving structural or fire
performance requirements specifically provided in this code or of
violating accepted engineering practice involving public safety.
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D.Â
Section 111.2 is hereby amended to read as follow:
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111.2
|
Permit Fees: Permit fees and any other fees required
by this code shall be paid in accordance with a fee schedule adopted
by resolution by Borough Council of the Borough of Ridley Park as
said fee schedule may be amended from time to time.
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E.Â
Section 106.4 is hereby amended to read as follows:
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106.4
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Penalty: Any person who shall violate a provision
of this code shall be guilty of a summary offense and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding $1,000 and,
in default of payment thereof, shall be imprisoned for a period not
to exceed 30 days. Each day that a violation continues shall be deemed
a separate offense.
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F.Â
Section 106.5 is hereby amended to read as follows:
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106.5
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Unlawful Continuance: Any person who shall continue
any work in or about the structure after having been served a stop-work
order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be liable, upon conviction
thereof, to pay a fine and shall be subject to imprisonment as provided
in Section 106.4 hereof.
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G.Â
Sections 107.1 and 107.2 are hereby amended by deleting said sections
and inserting the following in place thereof:
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107.1
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Application for Appeal: Any person affected by
a decision of the Code Official or a notice or order issued under
this code shall have the right to appeal to the Board of Appeals,
provided that written application for appeal is filed within 20 days
after the day the decision, notice or order was served. An application
for 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 the
requirements of this code are adequately satisfied by other means.
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107.2
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Membership of the Board: The Board of Appeals shall
consist of five members appointed by the chief appointing authority
as follows: one for five years, one for four years, one for three
years, one for two years and one for one year. Thereafter, each new
member shall serve for five years or until a successor has been appointed.
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107.3
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Appeals: Appeals to the Board of Appeals may be
taken by any person aggrieved by a decision or interpretation of the
Code Official made under the provisions of this code. The Board of
Appeals may adopt reasonable rules and regulations for conducting
its hearings. All Board hearings shall be open to the public. The
decision of the Board shall be by resolution. Certified copies shall
be furnished to the appellant and to the Code Official.
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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 authority of any of the repealed ordinances.
