[HISTORY: Adopted by the Borough Council
of the Borough of Dover 6-7-2004 by Ord. No. 2004-4. Amendments noted where
applicable.]
This chapter shall be known as the "Dover Borough
Building Code."
The Borough hereby elects to administer and
enforce the provisions of the Pennsylvania Construction Code Act (Act
of November 10, 1999, P.L. 491, No. 45, 35 P.S. § 7210.101
through § 7210.1103, as amended), and its regulations, in
34 Pa. Code, Chapters 401 through 405, (collectively referred to as
the Code).
The Code is hereby adopted and incorporated
by reference as the Building Code of the Borough.
Administration and enforcement of the Code within
the Borough shall be undertaken in any of the following ways as determined
by the Borough Council of the Borough from time to time by resolution:
A.
By the designation of an employee of the Borough to
serve as the building code official to act on behalf of the Borough.
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Borough.
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of the Act through an
intermunicipal agreement.
D.
By entering into a contract with another municipality
for the administration and enforcement of the Act on behalf of the
Borough.
E.
By entering into an agreement with the Pennsylvania
Department of Labor and Industry for plan review, inspections and
enforcement of structures other than one-family or two-family dwelling
units and utility and miscellaneous use structures.
A Board of Appeals is hereby established by
the Borough Council of the Borough in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
the Board of Appeals shall be established by joint action of the participating
municipalities.
A.
The Dover Borough Building Permit Ordinance (Chapter 70 of the Code of the Borough of Dover), together with any amendments thereto, is hereby repealed for all buildings for which permits are issued after the effective date of this chapter. It shall remain in full force and effect for any permits for which complete applications were filed before the effective date of this chapter.
B.
All other building code or building permit ordinances
or portions of ordinances that are in effect as of the effective date
of this chapter and whose requirements are less than the minimum requirements
of the Code are hereby amended to conform to the comparable provisions
of the Code.
C.
All relevant ordinances, regulations and policies
of the Borough not governed by the Code shall remain in full force
and effect, and any permits required by Borough ordinances, or state
or federal statutes or regulations, which are not superseded by the
Code, including but not limited to zoning, subdivision, driveway,
sewage, highway, occupancy or NPDES permits, as applicable, shall
continue to be required.
D.
Any ordinances of the Borough, or parts thereof, which
conflict with the terms hereof are hereby repealed as of the effective
date hereof.
Fees assessable by the Borough for all administration
and enforcement undertaken pursuant to this chapter and the Code shall
be established by the Borough Council by resolution from time to time.
All fees for permits and inspections required by the UCC and this
chapter and all other Borough ordinances shall be paid before any
permits are issued, and any additional fees which shall become due
shall be paid before the issuance of a use and occupancy certificate.
Final inspections and occupancy certificates
as required under or issued in conjunction with the UCC shall be conducted
and issued with, and at the same time as, final inspections and use
and occupancy certificates required by the Borough's Zoning Ordinance.[1] No inspection shall be conducted or permit issued under
either this chapter or the Zoning Ordinance separately from the other.
It shall be the responsibility of the applicant to request such inspections
or permits from both the Borough's Building Code Official and Zoning
Enforcement Officer, who shall be responsible between them for coordinating
the inspections and the issuance of the required permits within the
time set by the UCC and the Borough's Zoning Ordinance.
Any owner or person, as those terms are defined
in the Code, who or which violates or permits the violation of any
provision of this chapter or of the Code shall commit a summary criminal
offense, and, upon conviction by a District Justice, shall be subject
to a fine of up to $1,000, plus costs, and imprisonment to the extent
allowed by law for summary offenses for each violation. Each day of
a violation, and each separate violation of this chapter or the Code,
shall be considered a separate violation.
If any section, subsection, sentence or clause
of this chapter is held for any reason to be invalid, such decision
or decisions shall not affect the validity of the remaining portions
of this chapter and it shall be deemed that this chapter would have
been enacted without the invalid section, subsection, sentence or
clause.
This chapter shall be effective July 1, 2004.
