[Adopted 8-14-1973 by Ord. No. 1249 as Ch. 92 of the 1973
Code]
For the purpose of reducing, as far as possible, loss and damage
to buildings and property in the City of Clairton through fires, as
well as for the purpose of protecting the lives and safety of the
inhabitants thereof, there are hereby established certain rules and
regulations to be observed and obeyed in the erection and construction
of buildings and structures within the limits of said City of Clairton,
as hereinafter specified.
For the purpose of facilitating the establishment and enforcement
of necessary building rules, provisions and restrictions for the accomplishment
of the purpose hereinbefore recited, said City of Clairton is hereby
divided into certain districts as follows:
A.
Those certain portions of said City hereinafter described which,
by reason of their character, are now becoming and are expected in
the future to continue to become more closely built up and congested
than the other portions of said City and therefore more conducive
to the spread of fires when started are hereby designated as the "Restricted
Fire Limits," the location and boundaries of which Restricted Fire
Limits, including the entire area for a depth of one lot or not less
than 100 feet or to the alley on either side of the designated streets,
are as follows:
(1)
St. Clair Avenue: both sides of St. Clair Avenue from State Street
westwardly to Tenth Street.
(2)
Miller Avenue: both sides of Miller Avenue from Shaw Avenue southwardly
to Farnsworth Avenue.
(3)
School District: bounded by Miller Avenue from Baker Avenue to Thompson
Avenue; Baker Avenue from Miller Avenue to School Street; School Street
from Baker Avenue to Thompson Avenue; and Thompson Avenue from School
Street to Miller Avenue.
(4)
Park Avenue: both sides of Park Avenue from Third Street eastwardly
to First Street.
(5)
Second Street: both sides of Second Street from St. Clair Avenue
southwardly to Wylie Avenue.
(6)
State Street: Clairton and North Clairton Districts; both sides of
State Street, starting from Harrison Avenue in the St. Clair Improvement
Company's Plan of Lots, thence northwardly to the intersection
of State Street with Grape Alley in the W. Bradshaw Plan of Lots.
(7)
Maple Avenue: Both sides of Maple Avenue from State Street eastwardly
to the right-of-way of the Pittsburgh, Virginia and Charleston Railroad.
(8)
State Street: Wilson District: both sides of State Street from waterway
near Peters Creek northwardly to its intersection with the northerly
City limit line.
B.
All that portion of the entire City of Clairton lying and being to
the westerly side of the right-of-way of the Pittsburgh, Virginia
and Charleston Railroad Co., except such portions of said City as
are included within the Restricted Fire Limits above described and
designated, is hereby designated as the "General Fire Limits" of said
City. Any territory lying and being to the westerly side of the right-of-way
of the main line of the Pittsburgh, Virginia and Charleston Railroad
Co., which may hereafter become annexed to and become a part of said
City of Clairton, shall also be comprised within the General Fire
Limits of said City.
C.
All the remaining portion of said City, and being that portion lying
and being to the easterly side of the right-of-way of the Pittsburgh,
Virginia and Charleston Railroad Co., is hereby designated as "Unrestricted
Fire Limits" and is unrestricted by this article as to the kind and
character of buildings or structures to be erected, added to, remodeled
or repaired therein.
It shall be unlawful after the date of effect of this article to erect, construct, remove into or place upon any lands within the district above designated as "Restricted Fire Limits" any wooden frame or other building or structure, the outer walls of which are not entirely composed of brick, stone, concrete, metal or other incombustible materials and the roof of which shall not be covered with slate, tin, iron, steel or other incombustible materials, except as hereafter provided in § 199-4 of this article.
All structures built on and after the passage of this article within the Restricted Fire Limits, the frame of which shall be constructed of wood or studding and covered or to be covered with iron, metal, plaster, brick or other incombustible material, shall be considered a violation of § 199-3 of this article unless the outer walls thereof are at least five feet distant from the property line of the adjoining property owner's land. Permits for buildings under this section will be granted only by resolution of Council and issued in pursuance thereof by the City Engineer and signed by the Mayor.
No wooden building within the districts of said City designated
as the "Restricted Fire Limits" which shall have been partially torn
down or partially consumed by fire shall be repaired or rebuilt except
with brick, stone, iron, concrete or other incombustible material;
provided, however, that this section shall not be construed so as
to forbid the repairing of the upper story of existing buildings or
of buildings so as aforesaid partially torn down or partially consumed
by fire with the same material as before used; except that the roof,
when damaged or repaired to the extent of 50% or more of the area
thereof, shall be wholly covered with tin, sheet iron, slate or other
incombustible material; and provided further that where the repairs
to any building do not require the rebuilding of more than two sides,
the same materials may be used as those in the rest of the building.
No building or structure or part thereof which does not conform
to the requirements of this article for new structures and buildings
within the Restricted Fire Limits shall be moved from its present
location and placed within the Restricted Fire Limits, whether its
present location is within said Restricted Fire Limits or outside
thereof.
Nothing contained in the provisions of this article shall be
taken or construed to prohibit the erection or construction of the
wooden frame of coal sheds or the necessary outhouses, garages or
other structures within the Restricted Fire Limits as specified in
this article, provided that the height of such coal shed, garage,
outhouse or other structure shall not be in excess of 15 feet above
the ground, the length thereof 20 feet and the breadth thereof 16
feet; and provided further that the wooden frame of all such structures
be covered with tin, iron, steel, slate or other incombustible material;
and provided further that such coal shed, outhouse, garage or other
structure be located so as not to be nearer or closer than 10 feet
to any other building except another above-mentioned coal shed, garage
or outhouse.
All buildings or structures to be erected within the limits of the district designated as the "General Fire Limits" shall be roofed with slate, tin, iron, steel or other incombustible material, except as provided in § 199-12 for coal sheds, garages and outhouses.
All such structures or buildings to be erected within the General
Fire Limits as above provided, the outer walls of which shall be located
within four feet or less of an adjoining property line or within eight
feet or less of an adjacent dwelling or business structure, shall
be constructed of brick, concrete, iron, plaster or other incombustible
material.
No structure or building erected or to be erected within the
General Fire Limits constructed with wooden or studding frame and
covered or to be covered with iron, metal, plaster, brick or other
incombustible material shall be considered a violation of this article.
No building or structure or part thereof which does not conform
to the requirements of this article for new structures and buildings
within the General Fire Limits shall be moved from its present location
and placed or rebuilt within the General Fire Limits, whether its
present location is within said General Fire Limits or outside thereof.
Permits for the removal of a building under this section which does
not conform to the requirements of this article for new structures
and buildings within the General Fire Limits can only be granted by
resolution of Council and issued in pursuance thereof by the City
Engineer and signed by the Mayor.
Nothing contained in the provisions of this article shall be
taken or construed to prohibit the erection or construction of wooden
or frame coal sheds or the necessary outhouses, garages or other structures
within the General Fire Limits as specified in this article, provided
that the height of such coal shed, outhouse, garage or other structure
shall not be in excess of 15 feet above the ground, the length thereof
20 feet and the breadth thereof 16 feet and located so as not to be
nearer or closer than 10 feet to another building except another above-mentioned
coal shed, outhouse or garage.
In the rebuilding or repairing of any building partially torn
down or consumed by fire within the General Fire Limits of the said
City of Clairton, it shall not be unlawful or in violation of this
article to make repairs to the same of the same materials as used
in the original construction thereof, except that the roof, when damaged
or repaired to the extent of 50% or more of the area thereof, shall
be wholly covered with tin, iron, steel, slate or other approved noncombustible
material.
All exterior or division walls of buildings hereinafter erected
within the Restricted or General Fire Limits shall be of sufficient
thickness to support the load to be carried, but in no case shall
the wall of the first story above the foundation, in which the construction
is of brick, masonry, stone, hollow tile, concrete, iron or other
incombustible material, for a one- or two-story building, other than
single-dwelling houses or residences, be less than 12 inches in thickness,
and for a building over two stories, other than single-dwelling houses
or residences, the first story wall shall be not less than 16 inches
in thickness and the second and third stories not less than 12 inches.
A.
Within the Restricted or General Fire Limits of the City of Clairton,
there shall be erected or constructed no new building nor shall any
existing structure therein be repaired, removed, enlarged or added
to without there first having been obtained therefor from the office
of the City Engineer a permit, duly signed by the Engineer and also
by the Mayor.
B.
Prior to the issuance of a permit of any nature whatsoever required
under the provisions of this article, the owner shall furnish to the
City Engineer a copy of the plans and specifications, together with
the name of the architect and contractor and the estimated cost of
such building.
[Amended 4-14-1992 by Ord. No. 1518]
Any person or persons, whether as owner, employee, agent or
contractor, violating any of the provisions of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000, plus costs of prosecution and, in default of payment of such
fine and costs, to imprisonment for a period not exceeding 90 days,
and any building or structure repaired, erected or constructed and
used in violation of any of the provisions of this article or removed
to any other location in violation of the provisions of this article
is and is hereby declared to be a public nuisance, and it shall be
and is hereby declared to be the duty of any person or persons responsible
for such unlawful erection or removal or use to remove, discontinue
and abate or cause to be removed and abated any such nuisance as speedily
as possible upon notice so to do from the proper authorities of such
City, and upon their failure so to do, the same may be removed and
abated by the proper authorities at the cost of the person or persons
responsible therefor. Each day's violation shall be considered
a separate and distinct violation.
[Amended 4-14-1992 by Ord. No. 1518]
For the purpose of facilitating the efficient enforcement of
this article, it shall be the duty of all police officers within said
City to promptly report to the Chief of Police any work started upon
the erection or removal of any building or structure within said City
which may come within their observation, as well as any other fact
or thing coming within their observation tending to show any violation
of any of the provisions of this article, and said Chief of Police
shall in turn promptly report to the City Engineer any such information
received by him or her, as well as any information or facts which
may have come within his or her own personal observation tending to
show any violation of the provisions of this article.
