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Township of Elizabeth, PA
Allegheny County
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[Ord. 389, 5/3/1971; as amended by Ord. 561, 6/1/1987]
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 Building Code, 1984 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 are 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. 389, 5/3/1971; as amended by Ord. 561, 6/1/1987; and by Ord. 577, 8/1/1988, § 2A]
The building code hereby adopted is amended as follows:
1. 
Township shall be inserted wherever the words "Name of Municipality" appear in brackets therein;
Whenever the term "legal officer" or "legal representative" is used in this code, it shall be held to mean the Township Solicitor.
2. 
Section 109.1 is hereby amended to read as follows:
109.1. Building Inspector: The office of building inspector is hereby created and the executive official in charge shall be known as the building official.
3. 
Section 109.2 is hereby amended to read as follows:
109.2. Appointment: The Building Official shall be appointed by the Board of Commissioners and his appointment shall continue at the pleasure thereof.
4. 
Section 109.4 is hereby amended to read as follows:
109.4. Deputy: During temporary absence or disability of the Building Inspector, the appointing authority shall designate an acting building inspector.
5. 
Section 109.5 shall be amended to read as follows:
109.5. Qualifications of Building Inspector: The qualifications needed for the position of Building Inspector shall be in accordance with official Township job description as established by the Board of Commissioners.
6. 
Section 114.3.1 shall be amended to read as follows:
114.3.1 Fees: The fee for building permits and other charges shall be established from time to time by Resolution of the Board of Commissioners.
7. 
Section 117.4 shall be amended to read as follows:
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 $1,000.00, and/or to imprisonment for not more than 90 days. Every day that a violation of this code continues shall constitute a separate offense.
8. 
Section 118.2 is hereby amended to read as follows:
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 $1,000.00, and/or to imprisonment for a term not to exceed 90 days.
9. 
Section 123.3 is hereby amended to read as follows:
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 Board, to be paid by the applicant.
10. 
Section 201.0 is hereby amended to read as follows:
Alley: any public way primarily intended to provide vehicular access to the rear of lots fronting upon public streets or avenues.
Building line: a line, established by ordinance or designated upon an officially adopted lot plan, beyond which a building shall not extend.
11. 
Section 1807.2.1 is hereby amended to read as follows:
1807.2.1. Deep Excavations: Whenever an excavation is made to a depth of more than three feet below the established curb, the person who causes such an excavation to be made, if afforded the necessary license to enter the adjoining premises, shall preserve and protect from injury at all times and at his own expense such adjoining structure or premises which may be affected by the excavation. If the necessary license is not afforded, it shall then be the duty of the owner of the adjoining premises to make his building or structure safe by installing proper underpinning or foundations or otherwise. Such owner, if it be necessary for the prosecution of his work, shall be granted the necessary license to enter the premises where the excavation or demolition is contemplated.
12. 
Section 1807.2.2 is hereby amended to read as follows:
1807.2.2. Shallow Excavations: Wherever an excavation is made to a depth less than three feet below the curb, the owner of a neighboring building or structure the safety of which may be affected by the proposed excavation, shall preserve and protect from injury and shall support his building or structure by the necessary underpining or foundations. If necessary for that purpose, he shall be afforded a license to enter the premises where the excavation is contemplated.
13. 
Section 1906.1 is hereby amended to read as follows:
1906.1. 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 established by resolution of the Board of Commissioners.
[Ord. 389, 5/3/1971; as amended by Ord. 561, 6/1/1987]
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. 389, 5/3/1971; as amended by Ord. 561, 6/1/1987]
The invalidity of any section or part of this Part shall not affect the remaining sections.
[Ord. 389, 5/3/1971; as amended by Ord. 561, 6/1/1987]
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.