Borough of Downingtown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 4-21-2004 by Ord. No. 2004-1. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of contractors — See Ch. 121.
Fire prevention — See Ch. 146.
Property maintenance — See Ch. 222.

§ 120-1 Local administration and enforcement.

The Borough of Downingtown hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended from time to time, and its regulations now contained in 34 Pa. Code, Chapters 401-405, as amended from time to time.

§ 120-2 Methods of administration and enforcement.

Administration and enforcement of the code within the Borough of Downingtown shall be undertaken in any of the following ways as determined by Borough Council from time to time by resolution:
A. 
By the designation of a Borough employee to serve as the Municipal 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 code through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of the code 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 regarding structures other than one-family or two-family dwelling units and/or utility and miscellaneous use structures.

§ 120-3 Board of Appeals.

A Board of Appeals shall be established by resolution of Borough Council in conformity with the requirements of the code 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.

§ 120-4 Continuation of more stringent requirements.

All building code ordinances or portions of ordinances which were adopted by the Borough of Downingtown on or before July 1, 1999, and which equal or exceed the requirements of the code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code.

§ 120-5 Impact on less stringent requirements.

All building code ordinances or portions of ordinances which 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.

§ 120-6 Impact on other relevant requirements.

All relevant ordinances, regulations, and policies of the Borough of Downingtown not governed by the code shall remain in full force and effect.

§ 120-7 Fees.

Fees assessable by the Borough of Downingtown for the administration and enforcement undertaken pursuant to this chapter and the code shall be established by Borough Council by the resolution from time to time.

§ 120-8 Issuance of permits for accessory structures, alterations or repairs.

[Added 12-4-2013 by Ord. No. 2013-07]
In addition to all types of construction, placement of structures, repairs, and alterations for which the Uniform Construction Code requires a permit, the Borough pursuant to the authorization of Act 92 of 2004 shall require persons to obtain permits under the Borough of Downingtown Construction Code for all of the following:
A. 
The construction, erection, or placement of any accessory structure which is equal to or greater than 200 square feet, whether or not such accessory structure is connected to a utility.
B. 
The installation of any utility to an accessory structure regardless of size.
C. 
The replacement or reshingling of more than 25% of the total existing roof square footage.
D. 
The construction of any deck that is at any point 12 or more inches above the adjacent grade.

§ 120-9 Fire key boxes.

[Added 12-4-2013 by Ord. No. 2013-07]
In accordance with Section 506 of the International Fire Code, 2009 edition, where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.
A. 
An approved lock shall be installed on gates or similar barriers when required by the fire code official.
B. 
The operator of the building shall immediately notify the fire code official and provide the new key when a lock is changed or rekeyed. The key to such lock shall be secured in the key box.

§ 120-10 Violations and penalties.

[Added 12-4-2013 by Ord. No. 2013-07]
Any person who fails to comply with the provisions of this chapter or who fails to carry out an order made pursuant to this chapter or who violates any condition attached to a permit, approval or certificate, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus court costs. Each day that a violation of this chapter continues shall constitute a separate offense.