City of Sunbury, PA Building Construction and Occupancy

In the interest of public safety, the Code Administration Office shall administer permitting and occupancy standards and processes for building construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of buildings and structures within the City of Sunbury and provide informed and professional administration, plan review, and inspection of the provisions so adopted.

§ 68-2 Adoption of standards; election to administer and enforce Uniform Construction Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In accordance with the authority granted the City of Sunbury by the Third Class City Code of the Commonwealth of Pennsylvania (11 Pa.C.S.A. § 10101 et seq.), there are hereby adopted by the Council of the City of Sunbury, for the purposes set forth in § 68-1, those certain codes, known as the International Residential Code, International Building Code, International Green Conservation Code, International Energy Conservation Code, International Fuel Gas Code, International Existing Building Code and International Swimming Pool and Spa Code, the most current versions of which, as promulgated by the International Code Council, Inc., as supplemented, except such provisions which may be in conflict with the laws of the Commonwealth of Pennsylvania or the regulations issued by an agency, board or commission of the commonwealth by virtue of such laws and which provide a more stringent standard. The provisions thereof shall be controlling within the limits of the City of Sunbury, except as modified by this chapter and any subsequent amendments thereto and as changes set forth by the Commonwealth of Pennsylvania.

The City of Sunbury hereby elects to administer and enforce the provisions of the Pennsylvania Uniform Construction Code, contained in 34 Pa. Code Chapters 401 through 405, as amended from time to time by the Commonwealth of Pennsylvania. The Uniform Construction Code applies to the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure.

The City of Sunbury hereby elects to adopt, administer and enforce the provisions of the Pennsylvania Construction Code Act, otherwise referred to as "Act 45" and found at 35 P.S. § 7210.101 et seq., as amended from time to time by the Commonwealth of Pennsylvania.

The City of Sunbury shall engage and retain a third-party agency appropriately certified with the Department of Labor and Industry to administer and enforce the Uniform Construction Code as adopted by the Commonwealth of Pennsylvania and any other laws and regulations pertaining thereto on behalf of the City.

(1)

The City Code Administration Office will provide administrative support, including but not limited to the coordination of applications, issuance of permits and certificates of occupancy, and collection of fees.

§ 68-3 Definitions.

Refer to 34 Pa. Code § 401.1 for definition of terms. The following words shall be defined as set forth herein for the purposes of this chapter. In the event that any definition herein is inconsistent with the definitions set forth elsewhere, the definitions herein shall govern for the purposes of this chapter:

COMMERCIAL CONTRACTOR

Any person who owns and operates a construction business or who undertakes, offers to undertake or agrees to construct, alter, or repair a commercial structure for profit.

HOME IMPROVEMENT CONTRACTOR

As defined under the Home Improvement Consumer Protection Act, 73 P.S. § 517.1 et seq., any person who owns and operates a home improvement or construction business or who undertakes, offers to undertake or agrees to perform any home improvement for profit.

PERMIT

A document issued by a Building Code official authorizing the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy relating to a building, structure, elevator or equipment under the Uniform Construction Code.

PERSON

Any individual, partnership, limited partnership, limited liability company, joint venture, or corporation, or similar entity.

RESIDENTIAL CONTRACTOR

Any person who owns and operates a home improvement or construction business or who undertakes, offers to undertake or agrees to perform any home improvement and for whom the total cash value of all of that person's (contractor's) home improvements is less than $5,000 during the previous taxable year.

SUBCONTRACTOR

Any person who has contracted (as an independent contractor and not an employee) with a contractor to provide some portion of the work or services on a project which the contractor has agreed to perform.

§ 68-4 Contractor license and registration.

Any person performing building construction work in the City of Sunbury shall be registered or licensed with the Code Administration Office during all periods of construction. Licenses and registrations are valid for one year from the date of issue.

Home improvement contractor: Shall be registered by the City of Sunbury for no fee. Must provide HIC number, proof of liability insurance, and proof of workers' compensation insurance if required.

Residential contractor: Shall be licensed by the City of Sunbury for a fee as may be set by resolution of the City Council from time to time. Must provide proof of liability insurance and workers' compensation insurance if required.

Commercial contractor: Shall be licensed by the City of Sunbury for a fee as may be set by resolution of the City Council from time to time. Must provide proof of liability insurance and workers' compensation insurance if required.

Subcontractors: Are considered the same as home improvement contractors, residential contractors, and commercial contractors for purposes of registration and licensure. The status of subcontractor shall not absolve the contractor of registration and licensure requirements under this chapter.

At the time of registration or license application, the contractor shall sign a statement to acknowledge that plan reviews, building permits, liability insurance, and workers' compensation insurance are required in the City of Sunbury.

The license or registration of the contractor must be presented at the time of application for a building permit. Further, the Code Administration Office reserves the right to request a visual inspection of the license or registration at the time of an inspection of a building site.

Individuals performing services at their own home shall be exempt from the license/registration requirement.

§ 68-5 Contractor license/registration application and issue.

The contractor shall submit an application on a form provided by the Code Administration Office. Information provided on the application shall include but is not limited to name of contractor business; name of contractor business owner; business address and phone number. The applicant shall also provide proof of liability insurance and workers' compensation insurance.

Liability insurance. The contractor shall provide for a minimum of $300,000 payable for each claim or occurrence under the policy for projects with an estimated cost of $100,000 or less. If a proposed project has an estimated cost of less than $100,000, then the license, along with a minimum insurance policy of $300,000, shall be sufficient to meet the insurance requirements for a building permit. Any project with a cost more than $100,000 shall require a review of the insurance requirements on a case-by-case basis by the Code Administrator to determine the required amount of insurance beyond the minimum insurance policy of $300,000.

Workers' compensation insurance. Workers' compensation coverage is mandatory for employers under Pennsylvania law. Any contractor who has employees on payroll must provide proof of workers' compensation insurance. Individuals working for the contractor but who are not employees of the contractor will be considered subcontractors and shall be subject to license/registration requirements as set forth herein.

The license/registration shall be issued when all required information and documentation is provided and any applicable fee is paid.

§ 68-6 Failure to obtain license/registration.

Any person who fails to obtain a license/registration as required herein prior to starting work in the City of Sunbury shall be in violation of this chapter and subject to the following:

First offense. A warning shall be served to the contractor, and a contractor license/registration application must be submitted by the contractor the same day or, if after business hours of the Code Administration Office, the next business day. Work at the site may continue while the application is being processed.

Second offense. A stop-work order shall be served to the contractor, and a citation shall be issued to the contractor. All work at the site must stop immediately and may resume after 24 hours or upon issue of contractor license/registration by the Code Administration Office, whichever is longer.

Third offense and all subsequent offenses: A stop-work order shall be served to the contractor, and a citation shall be issued to the contractor. Work shall remain stopped until a contractor license/registration is issued by the Code Administration Office, citations are adjudicated, and any resulting fines for the violation have been paid.

§ 68-7 Permit requirements and exemptions.

Any person or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a residential or commercial building or erect install, enlarge, alter, repair, remove, convert or replace an electrical, gas, mechanical or plumbing system regulated by the Uniform Construction Code shall first apply to the City Code Administration Office and obtain the required permit.

An emergency repair or replacement of equipment may be made without first applying for the permit if a permit application is submitted to the City Code Administration Office within three business days of the repair or replacement.

A permit is not required for the exceptions listed in UCC Section 403.1(b) (relating to scope); Section 403.42(c) and (e) (relating to commercial construction); and Section 403.62(c) and (e) (relating to residential construction).[1] However, a permit may be required under City Code Chapter 145 for sidewalks and curbs, new and replacement, and cuts to existing curbs, and driveways located within or adjacent to the public right-of-way.

[1]

Editor's Note: See 34 Pa. Code §§ 403.1(b), 403.42(c) and (e), and 403.62(c) and (e), respectively.

Plan review. A plan review by the Zoning Officer and/or Building Official is required for all permits required under the UCC, and as identified in this chapter, and for the following:

(1)

Fencing two feet to six feet in height;

(2)

Retaining walls up to four feet in height;

(3)

Accessory structures less than 1,000 square feet and permanently attached to a foundation; and

(4)

Sidewalks, new and replacement, located on private property.

§ 68-8 Permit application and issue.

The owner or authorized agent shall submit on a form provided by the Code Administration Office, and/or the third-party agency, a permit application. Information provided on the application shall include but is not limited to:

Location and description of the work to be performed, including technical site data and other characteristics.

Estimated cost of the work to be performed.

Construction documents and site plan as may be required in accordance with the UCC. This requirement may be waived by the Building Code Official.

Flood hazard area requirements, if applicable.

The applicant shall affirm that the information contained in the permit application is true and accurate. Any false or misleading information provided on the permit application may considered a violation of the chapter.

Prior to permit issuance, the Zoning Officer and/or Building Official shall perform a plan review to ensure zoning compliance and building standards are met. Any additional costs for necessary plan review shall be borne by the applicant. Plan review shall be subject to a fee as may be established by resolution of the City Council from time to time.

Permit applications shall be subject to a permit fee schedule as may be established by resolution of the City Council from time to time.

The Code Administration Clerk shall validate the contractor's license/registration, liability insurance and workers' compensation insurance which shall be in effect during all periods of construction.

The building permit shall be issued when all requirements are met and applicable fees paid.

The Building Official shall inspect construction as required by the UCC to ensure compliance with code requirements.

§ 68-9 Demolition security.

Any individual desiring to secure a demolition permit shall first provide proof of liability insurance and deposit a bond, conditioned with sufficient security, naming the City of Sunbury as the obligee in the amounts required by the following table:

Gross Floor Area (square feet)	Bond	Liability Insurance
Up to 200, not to exceed 1 story or 12 feet in height	None	$25,000 single limit coverage
201 to 2,000	$2,000	$100,000 single limit coverage
2,001 to 3,000	$3,000	$100,000 property damage and $250,000 personal injury required for all structures greater than 2,001 square feet
3,000 +	For each 1,000 square feet or portion thereof in floor area over 3,000 square feet there shall be an increase of $1,000 in bond

Demolition security exception. No liability and/or demolition bond shall be required if the owner is removing by hand and is not using any type of machine.

§ 68-10 Failure to obtain building permit.

Any person found to be performing building construction, improvement, or repair in the City of Sunbury without a valid building permit shall be subject to the following:

First offense. A warning shall be served to the contractor or person in charge at the work site, and a permit application must be submitted by the contractor the same day or, if after business hours of the Code Administration Office, the next business day. Work at the site may continue while the permit application is being processed and permit issued by the Code Administration Office.

Second offense. A stop-work order shall be served to the contractor or person in charge at the work site, and a citation shall be issued to the contractor responsible for the violation. All work at the site must stop immediately and may resume when a permit is issued for the work by the Code Administration Office.

Third offense and all subsequent offenses: A stop-work order shall be served to the contractor or person in charge at the work site; a citation shall be issued to the contractor responsible for the violation; and the contractor's license/registration shall be suspended until a permit is issued, citations are adjudicated, and any resulting fines and/or restitution assessed for the violations have been paid.

§ 68-11 Unlawful continuance.

Any person who shall authorize or continue any work in or about a building or structure after having been served with a stop-work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, shall be in violation of this chapter and subject to penalties hereto. Furthermore, the results of such work may be ordered removed by the Code Official. Each day that the work continues or each day that the result of such work remains shall be considered a separate violation and subject to the fine or imprisonment, or both, as herein indicated.

§ 68-12 Certificate of occupancy required.

A building, structure or facility may not be used or occupied without a certificate of occupancy issued by a Building Code Official. The third-party agency engaged and retained by the City of Sunbury shall administer certificates of occupancy according to the UCC.

§ 68-13 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment for a term of not to exceed 90 days, or both, at the discretion of the court. For failure to obtain a building permit, restitution in an amount up to the declared cost of the project may also be assessed and removal of the results of such work. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.

§ 68-14 Construal of provisions.

Nothing in this chapter or the codes adopted herein shall be construed to affect any legal proceeding, rights acquired, liabilities incurred or any cause or causes of action acquired or existing under Ordinance No. 1097 and/or Ordinance No. 1155 prior to their repeal; nor shall any just or legal right or remedy previously existing be lost, impaired or affected by this chapter.