Borough of Mount Oliver, PA Article I Building Construction Code

§ 87-1 Title.

This article shall be known and designated as the "Building Code of the Borough of Mount Oliver."

§ 87-2 Adoption of standards.

Pursuant to the Borough Code, Act of 1966, February 1, P.L. No. 581, Section 1202(24), as amended,[1] providing that the Council shall have the power to adopt regulations, inter alia, for the construction of new buildings and structures and the alteration, enlargement, repair, conversion, demolition, removal, use and maintenance of old ones and the installation of equipment, to require that before the work begins municipal approval of the plans and specifications therefor be secured, to classify buildings and structures or parts of buildings and structures according to the use to be made of them, to specify the mode of construction of such different classes of buildings and structures and to require that before any use or occupancy be changed from any classification to a different classification, municipal approval of the plans and specifications therefor be secured, the Council of the Borough of Mount Oliver, in order to carry out the purposes of said Act, hereby adopts the National Building Code of the Building Officials and Code Administrators International, Inc. (Eleventh Edition, 1990) (hereinafter referred to as the "Building Code"), and any amendments thereto or future editions thereof, as fully and completely as though said Building Code were set herein at length, except unless otherwise provided to the contrary in the statutes of the Commonwealth of Pennsylvania or the rules and regulations of the County of Allegheny or in Article III of this chapter, in which event the contrary provisions of said statutes, rules and regulations or other articles of this chapter shall control. Copies of the Building Code shall be examined during the regular business hours at the office of the Borough Secretary of Mount Oliver at 150 Brownsville Road, Pittsburgh, Pennsylvania 15210.

[1] Editor's Note: See 53 P.S. § 46202(24).

§ 87-3 Modifications to standards.

The following sections of the National Building Code, 1990 Edition as published by the Building Officials and Code Administrators International, Inc. (BOCA), are hereby revised by the following additions, deletions, changes and amendments (section numbers and article numbers refer to the corresponding sections and articles in BOCA 1990 Edition):

A. In Section 100.1, Title, insert "Borough of Mount Oliver" in place of "name of Jurisdiction."

B. In Section 103.4, insert "to date prior to effective date of any building codes within the Borough of Mount Oliver," in the "[ ]."

C. Section 109.1 shall have an addition of the following: "The Building Inspector shall be the official named herein."

D. In Section 109.3, Organization, delete the entire section and substitute the following: "The Building Official may, with the approval of the chief appointing authority, appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of the Code."

E. In Section 109.4, Deputy, delete the following at the end of this section: . . . "during the temporary absence or disability of the Code Official."

F. In Section 109.5, Restriction of employees, delete the following in the first sentence of this section: . . . "the department."

G. Section 109.5, Restriction of employees. In the last line of this section, insert "borough" in place of "department."

H. Section 109.6, Relief from personal responsibility. In line eleven (11) of this section, insert "official" in place of "officer of the department of Building Inspection."

I. In Section 109.7, Official records, delete the following in line two (2) of this section: "... of the department."

J. In Section 111.1, When permit is required, add the following at the end: "Building and structures shall also include the following: signs of any type, whether or not attached to a structure, fences of any type, whether or not attached to a structure, accessory buildings or structures as defined in Chapter 260, Zoning."

K. In Section 112.2, Suspension of permit, add the following at the following: "The permit shall become invalid if the authorized work is not completed within one (1) year from commencement of work. Time extensions of the permit shall be extended for a six-month period by the Building Official if the permit holder can show good cause for such extension."

L. Add the following Section 112.10:

112.10 Foundation survey:
1.	When the foundation walls of any building or structure are completed and before any further construction is done to the building, the holder of the permit shall file with the Building Inspector a plot diagram conforming to the requirements of plot diagrams as set forth in this section with the exception that it shall show the actual location and dimensions of said foundation. If said location and dimensions coincide with the location and dimensions shown on the original plot diagram, the Building Inspector shall notify the permit holder either orally or in writing that construction may proceed in accordance with the building permit.
2.	If said location and dimensions of said foundation do not coincide with the location and dimensions as shown on the original plot diagram, the Building Inspector shall ascertain whether the variance or variances between the two is or are as such that would cause said building or structure, if completed, to violate the provisions of any applicable laws, ordinances or regulations. If said variance or variances is or are such that would cause said building or structure, if completed, to violate any applicable laws, ordinances or regulations, the Building Inspector shall issue a written order suspending further construction under the authority of said building and permit except for the purpose of making such building or structure comply with the regulations of applicable laws, ordinances and regulations. If some alteration or reconstruction of said foundation is required to make said building or structure, when completed, comply with the requirements of all applicable laws, ordinances and regulations, the holder of said suspended building permit shall submit the plot diagrams for such alterations or reconstruction to the Building Inspector for approval prior to commencing said alteration or reconstruction.
3.	At such time as said building or structure has been made to comply with the requirements of all applicable laws, ordinances and regulations, the holder of said suspended building permit shall notify the Building Inspector and shall file an amended plot diagram showing the manner in which said building or structure has been made to so comply. If the manner in which said building or structure has been made to conform with all applicable laws, ordinances and regulations is such as to cause a substantial deviation from the original plot diagrams and specifications, the holder of said building permit shall also file an amended application for a building permit and amended plot diagrams and specifications. Upon ascertaining that said building or structure is constructed according to the original or amended application, plot diagrams and specifications, as the case may be, will comply with all applicable laws, ordinances and regulations, the Building Inspector shall send written notice to the holder of said suspended building permit that said suspension has been removed.
4.	If, notwithstanding the fact that the location and dimensions as shown on the plot diagram filed in accordance with this section do not coincide with the location and dimensions as shown on the plot diagram filed with the application for the building permit, the building or structure will, if completed, comply with all applicable laws, ordinances and regulations, construction may proceed in accordance with the building permit as originally issued; provided, however, that if said variance or variances is or are of such to cause a substantial deviation from the original plot diagram and specifications, the permit holder shall file an amended application and amended plot diagram and specifications.

M. Section 114.3, New construction and alterations. Delete the entire section and substitute the following:

Section 114.3 New construction and alterations: The fee for building permits shall be based on the physical value of the work and shall be determined by the Building Official as follows:
1.	Alteration or repairs of the buildings: estimated costs.
2.	New buildings: calculated at the rate to be adopted from time to time by Borough Council per cubic foot upon the entire cubic contents of the new work.
3.	The cost of said work shall be based upon the normal average cost of the work to be done and not based upon free labor and used materials.

N. In Section 114.3.1, Fee schedule, delete the entire section and substitute the following: "The fee for each plan and examination and building permit shall be paid in accordance with the fee schedule adopted from time to time by Borough Council."

O. Add the following Section 114.6:

Section 114.6 Moving of buildings: A fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be paid in accordance with a fee schedule to be adopted from time to time by Borough Council.

P. Add the following Section 114.7:

Section 114.7 Demolition: A fee for permit for the demolition of a building or structure shall be paid in accordance with the fee schedule to be adopted from time to time by Borough Council.

Q. In Section 117, Violation penalties, delete the entire section and substitute the following: "Any person who shall violate the provision of the Basic Code, shall fail to comply with any other requirements thereof or who shall wreck, destruct, 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 the Basic Code shall, upon proof of violation thereof before a District Justice having jurisdiction of the same, be sentenced to pay a fine not exceeding one thousand dollars ($1,000) for each offense and costs of prosecution and, upon default of payment, be imprisoned in the Allegheny County Jail for a period not exceeding thirty (30) days."

[Amended 3-20-1995 by Ord. No. 798]

R. In Section 118.2, Unlawful continuance, insert "fifty dollars ($50)" in place of the first "amount" and insert "five hundred dollars ($500)" in place of the second "amount."

S. In Section 123.3, Compensation of Board of Survey, insert "per hour, forty dollars ($40)" in place of "amount."

T. In Section 124.2, Membership of Board, delete the entire section and add the following: "Borough Council ex officio shall constitute the Board of Appeals."

U. Section 124.2.1 through 124.2.6 shall be deleted and the following inserted as Section 124.2.1, Chairman and Secretary: "The president of Council shall serve as the Chairman of the Board of Appeals and the Borough Secretary shall serve as the secretary of the Board of Appeals and the secretary shall keep a detailed record of all proceedings on file in the office of the Building Official. No member of the Board of Appeals shall receive any compensation for services and whenever four (4) members of the Board of Appeals are not present to consider a specific appeal, the hearing shall be postponed."

V. Section 124.3 through 124.6.2 shall be deleted and the following shall be inserted: "Decisions of the Board of Appeals: The Board shall affirm, modify or reverse the decision of the Building Official by a concurring vote of four (4) members. Every action of the Board shall be by resolution, and certified copies shall be furnished to the appellant and to the Building Official. Failure to secure four (4) current votes shall be deemed a confirmation of the decision of the Building Official."

W. Section 130 shall be added:

SECTION 130.0 STANDARD OF ACCEPTED ENGINEER PRACTICE

The design and installation of plumbing systems, including sanitary and storm drainage, sanitary facilities, water supplies and stormwater and sewage disposal shall comply with the Allegheny County Plumbing Code, and insofar as said Plumbing Code may not cover the subject matter in this article, the sections in this article shall be applicable in the Borough of Mount Oliver.