[Adopted 1-25-1999 by Ord. No. 731 (Ch. 5, Part 1, of the
1995 Code)]
Zelienople Borough Council does hereby adopt as the Building
Code, Electrical Code, Plumbing Code, Mechanical Code and Property
Maintenance Code of Zelienople Borough the 1993 BOCA National Building
Code, the 1999 National Electrical Code, the 1993 BOCA National Plumbing
Code, the 1992 CABO One- and Two-Family Dwelling Code, Appendix C
of the 1992 CABO One- and Two-Family Dwelling Code, Appendix F of
the 1992 CABO One- and Two-Family Dwelling Code, the 1993 BOCA National
Property Maintenance Code and the 1993 BOCA Mechanical Code for the
regulation of the construction, erection, fabrication, enlargement,
alteration, maintenance and conditions, substantial repair, plumbing,
electrical and mechanical installations of properties, and structures
within the Borough of Zelienople, including amendments to said Building
Code, Plumbing Code, Electrical Code, Property Maintenance Code or
Mechanical Code as may be made from time to time. The said 1993 BOCA
National Building Code, the 1999 National Electrical Code, the 1993
BOCA National Plumbing Code, the 1992 CABO One- and Two-Family Dwelling
Code, Appendix C of the 1992 CABO One- and Two-Family Dwelling Code,
Appendix F of the 1992 CABO One- and Two-Family Dwelling Code, the
1993 BOCA National Property Maintenance Code and the 1993 BOCA Mechanical
Code is incorporated herein by reference as if more fully set forth,
including such amendments as may from time to time be made.
The following sections of the various codes are hereby deleted
in their entirety, to wit:
A.
1993 BOCA National Building Code: Section 121.0 Means of Appeal.
B.
1993 BOCA National Plumbing Code: Section P-121.0 Means of Appeal.
C.
1992 CABO One- and Two-Family Dwelling Code: Section R-107 Right
of Appeal.
D.
1993 BOCA National Mechanical Code: Section M-121.0 Means of Appeal.
E.
1993 BOCA National Property and Maintenance Code: Section PM-111.0
Means of Appeal.
The Borough of Zelienople may from time to time, by resolution,
adopt, change, alter or amend various articles or sections of the
1993 BOCA National Building Code, the 1999 National Electrical Code,
the 1993 BOCA National Plumbing Code, the 1992 CABO One- and Two-Family
Dwelling Code, Appendix C of the 1992 CABO One- and Two-Family Dwelling
Code, the 1993 BOCA National Property and Maintenance Code and the
1993 BOCA Mechanical Code, as the Borough Council deems appropriate
or necessary for the administration of this article.
The Borough Council may from time to time, by resolution, adopt,
change, alter or amend fees for any permits, services, certificates
or inspections authorized by this article.
No structure, whether residential, commercial or industrial,
shall be occupied until a certificate of occupancy is issued by the
building officials designated by the Borough Council in accordance
with this article. No such certificate of occupancy shall be issued
until all inspections as required by this article have been completed
and all associated fees have been paid to the Borough. The owner of
any property for which a permit is required, along with the applicant
for said permit, shall both be liable to the Borough for any such
fees for permits and inspections.
The property owner or permit applicant may be required to submit
a construction plan and property plan showing the improvements requested.
These plans shall be for information purposes only for the Borough,
and the issuance of any permit after such submission does not constitute
approval of any plan so submitted, which plans are deemed to be solely
for the purpose of assisting the Borough during inspections.
If at any time the building officials determine that a property
owner, contractor, permit applicant or any other person connected
with the construction, installation or renovation has violated any
provision of this article or standards established by the 1993 BOCA
National Building Code, the 1999 National Electrical Code, the 1993
BOCA National Plumbing Code, the 1992 CABO One- and Two-Family Dwelling
Code, Appendix C of the 1992 CABO One- and Two-Family Dwelling Code,
Appendix F of the 1992 CABO One- and Two-Family Dwelling Code, the
1993 BOCA National Property Maintenance Code and the 1993 BOCA Mechanical
Code or any amendments thereto, the said building officials shall
have the right to suspend any permit issued, issue a stop-work order,
deny an occupancy permit and refuse to permit any further construction
or installation.
In the event of a violation of any provisions of this article,
no certificate of occupancy shall be issued for any such structure
determined to be in violation by the building official, and no such
structure shall be occupied by any person until such violation is
abated.
The Borough may proceed with an action of law and/or in equity
to enforce the provisions of this article, and the proceeding with
such legal action shall not prohibit the Borough from seeking to impose
other penalties prescribed by this article nor from suspending construction
or issuing a stop-work order as provided for in this article.
A.
Any person shall have the right to appeal a decision of the Code
Official to the Zelienople Code Management and Appeals Board, as presently
established. An application for appeal shall be based on a claim that
the true intent of the code or the rules legally adopted thereunder
have been incorrectly interpreted, the provisions of this code do
not fully apply, or an equally good or better form of construction
is proposed. The application shall be filed on a form obtained from
the Code Official within 20 days after the notice was served.
B.
Thereafter, the Code Management and Appeals Board of the Borough
of Zelienople shall hold a hearing within 10 days of the filing of
an appeal. All hearings before that Board shall be open to the public.
The appellant, the appellant's representative, the Code Official
and any person whose interests are affected shall be given an opportunity
to be heard. If a quorum of the members is not present, the appellant
or appellant's representative shall have the right to request
and receive a postponement of the hearing.
C.
The Board may affirm, modify or reverse the decision of the Code
Official by a majority vote. The decision of the Board shall be by
resolution and certified copies shall be furnished to the appellant
and to the Code Official. The Code Official shall thereafter take
immediate action in accordance with the decision of the Board.
D.
Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari
to correct errors of law. Applications for review shall be made in
the manner and time required by law following the filing of the decision
in the office of the Borough Manager.
In addition to or separate from the action set forth in the above § 115-10, any person violating this article or any part thereof may be charged and shall, upon conviction before a Magisterial District Judge of the Commonwealth of Pennsylvania, pay a fine of not less than $100 nor more than $300 and, in default of the payment of such fine, shall be imprisoned for a period of not more than 10 days in the Butler County Prison. Each day a violation continues shall be deemed to be a separate offense and shall be subject, in all respects, to the same penalties imposed for each day's offense.
