[Adopted 10-25-2011 by Ord. No. 8-2011]
The Borough of Verona hereby elects to adopt, administer and
enforce the provisions contained in the Pennsylvania Construction
Code Act, Act 45 of 1999, specifically those pertaining to uncertified
buildings, 35 P.S. § 7210.902(b), and the regulations made
pursuant thereto.
An "uncertified building" is defined as an existing building
which, prior to April 9, 2004, was not approved for use and occupancy
by the Pennsylvania Department of Labor and Industry. The term does
not include a residential building.
Uncertified buildings shall meet the following requirements:
A.
Maximum story height, minimum allowable construction type based on
floor area, vertical opening and shaft protection requirements, means
of egress requirements pertaining to minimum number of exits, maximum
travel distances to exits, means of egress illumination, minimum egress
widths and heights for exit doors, exit stairs, exit ramps and exit
corridors requirements under the International Building Code.
B.
Firesafety requirements in the International Building Code for the
fire alarms, fire extinguishers, heat and smoke detectors, automatic
sprinkler systems, and occupancy and incidental use separations. The
following also applies:
(1)
If construction began on a building before May 19, 1984, the installation
of automatic sprinkler systems is not required.
(2)
If construction began on a building after May 19, 1984, automatic
sprinklers are only required if the building is classified in use
groups E (educational), H (high-hazard), I (institutional), or R-1
or R-2 (residential) or if the building has occupied floors more than
75 feet above the lowest level of fire department access. However,
buildings in use groups R-1 and R-2 which do not have occupied floors
more than 75 feet above lowest level of fire department access may,
instead of installing automatic sprinkler systems, install hard-wired
interconnected heat and smoke detectors in all rooms and spaces, whether
they are occupied or unoccupied.
(3)
If construction of a building began after May 18, 1984, automatic
sprinkler installation shall be completed within five years of December
22, 2005, or any certificate of occupancy issued shall be invalid.
C.
Accessibility requirements are applicable as follows:
(1)
If construction of an uncertified building began before September
1, 1965, no accessibility requirements shall be imposed by the Borough.
(2)
If construction of a building began after August 31, 1965 and before
February 18, 1989, and if the building is a state-owned building,
a restaurant or a retail commercial establishment, the building shall
have at least one accessible main entrance, an accessible route from
the accessible entrance to any public spaces on the same level as
the accessible entrance and, if toilet rooms are provided, the building
shall have at least one toilet room for each sex, or a unisex toilet
room complying with the accessibility requirements of the International
Building Code shall be met.
(3)
If construction of the building began after February 17, 1989, all
accessibility requirements of the International Building Code shall
be met.
D.
Structural requirements shall not be imposed unless the Borough determines
that the building has defects that are defined as dangerous in Section
202 of the International Building Code. If the building is dangerous,
the Borough may impose only those requirements minimally necessary
to remove danger to the building's occupants.
A.
Any individual, firm, corporation or entity who violates, causes
or permits the violation of any provision of this article shall be
subject to a criminal fine of not less than $100 nor more than $1,000
per violation plus court costs, including reasonable attorney's
fees incurred by the Borough, and in default of payment of said fines
and costs, to imprisonment not to exceed 30 days. A separate offense
arises for each day or portion thereof in which a violation is found
to exist or for each section of this article found to have been violated.
Enforcement of this article shall be by action brought before the
Magisterial District Court in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
In addition to any other remedy available under law, the Borough may
enforce this article by an action in equity. All fines and penalties
collected for violation of this article shall be paid to the Borough
Treasurer. The initial determination of ordinance violation and the
service of notice of violation are hereby delegated to
the Code Official/Building Inspector, the Zoning Officer, the Code
Enforcement Officer and their designees and to any other officer or
agent that the Borough Council shall deem appropriate.
B.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this article
found to have been violated.
C.
All fines and penalties for the violation of this article shall be
paid to the Borough Treasurer.
