Borough of Millersville, PA Code Enforcement

A certain document, copies of which have been and are presently on file in the office of the Secretary of the Borough of Millersville, Lancaster County, Pennsylvania, being marked and designated as "International Code Council, Inc., International Property Maintenance Code/2009," be and is adopted as the Property Maintenance Code of the Borough of Millersville, creating a code of property maintenance regulations for the protection of public health, safety and welfare as herein provided. Each and all of the regulations of the International Property Maintenance Code/2009, Second Edition, except as provided in § 150-3 of this article, are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, enumerated in § 150-3.

§ 150-3 Deletions, additions and insertions.

[Amended 3-23-2004 by Ord. No. 2004-1; 11-28-2006 by Ord. No. 2006-4; 1-27-2009 by Ord. No. 2009-1]

Changes from the International Property Maintenance Code/2006, Second Edition, to the Property Maintenance Code of the Borough of Millersville, are as follows:

Section 101.1 shall be amended by inserting "Borough of Millersville, Lancaster County, Pennsylvania."

Section 103.5 shall provide as follows:

§ 103.5. Fees. The fees for activities and services performed by the Code Official in carrying out his responsibilities under this code shall be established by resolution or ordinance of the Borough Council.

Section 106.2, Notice of violation, shall be amended to provide as follows:

	106.2 Notice of violation. When it appears that a violation of this code exists, the Code Official shall serve a notice of violation or order in accordance with Section 107, except as provided below:
		106.2.1 The Code Official shall not be required to send a notice of violation in cases of imminent danger.
		106.2.2 The Code Official may provide a single notice of violation for multiple violations of Sections 302.4 and 305 in a single calendar year by following the procedures set forth in such sections.
		106.2.3 The Code Official and police officers shall not be required to send a notice of violation prior to the institution of summary criminal proceedings for violations of Section 302 or 305 of this code.

Section 106.3, Prosecution of violation, shall be amended to provide as follows:

106.3 Prosecution of violation. If the Code Official has served a notice of violation and the notice of violation is not complied with within the time specified in such notice, or if the Code Official determines that there is insufficient time to serve a notice of violation or that such notice of violation will have no practical or beneficial effect, the Code Official shall notify the Council of the violation and shall request the Council to authorize institution of enforcement proceedings against the violator and/or authorize the Borough Solicitor to institute the appropriate proceedings at law or in equity to restrain, correct, or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or any order or direction made pursuant thereto. If the Code Official or if any police officer of the Borough observes a violation of Section 302 or Section 305 of this code, in addition to the foregoing, such Code Official or police officer is hereby empowered to institute summary criminal proceedings against the violator.

Section 106.4 shall provide as follows:

[Amended 4-23-2013 by Ord. No. 2013-1]

106.4 Penalty. Any person who shall violate a provision of this code, or who shall fail to comply with any of the requirements thereof, or who shall use, maintain or alter a lot, building or structure in violation of any approved plan or directive of the Code Official or of any order, permit or certificate issued under the provisions of this code, or who shall violate any order of the Code Official, or who shall fail to remedy or who shall negligently or improperly remedy any health hazard, or who shall fail to completely implement a plan to remedy a health hazard which has been reviewed and approved by the Code Official shall be liable upon, summary conviction therefor, to fines and penalties of (a) not less than $100 nor more than $1,000 plus all costs of prosecution for a first offense; (b) not less than $200 nor more than $1,000 plus all costs of prosecution for a second offense; and (c) not less than $300 nor more than $1,000 plus all costs of prosecution for a third or subsequent offense, which fines and penalties may be collected as provided by law. In addition to fines and penalties, the violator shall be assessed court costs and reasonable attorneys' fees incurred by the Borough in enforcement proceedings. All fines and penalties collected for violation of this code shall be paid over to the Borough Treasurer. Each day that a violation continues and each section of this code which is violated shall be deemed a separate offense. This code may also be enforced by an action in equity brought in the Lancaster County Court of Common Pleas.

E.1.

Insert new Sections 107.7 through 107.7.4 which shall provide as follows:

[Added 4-23-2013 by Ord. No. 2013-1]

	107.7. Notice to Abate Health Hazard or Public Nuisance. It shall be the duty of the Code Official to cause a notice to be served upon the owner or occupant of any premises whenever property is maintained so as to constitute a health hazard or a public nuisance and to require abatement of the health hazard or public nuisance within 10 days from the date of service of such notice or such other time period as may be set forth in the notice. Service of such notice shall be as provided in Section 107.3.
		107.7.1. Performance of Work Upon Noncompliance with Notice. In the event that the owner or occupant shall refuse or neglect to abate such health hazard or public nuisance within the time period as required by such notice, or in the event that the owner or occupant shall perform action necessary to eliminate the health hazard in a negligent or incomplete fashion, the Code Official may cause such condition to be eradicated and/or removed, or take action necessary to eliminate such health hazard or nuisance of which the owner or occupant has been notified, keeping an account of the expenses of inspecting the premises, service of notice and abating the health hazard and nuisance. All such costs and expenses shall be charged to and paid by the owner or occupant.
		107.7.2. Collection of Costs. All costs and expenses the Borough incurs in the abatement of such health hazards and public nuisances shall be a lien upon the premises, and whenever a bill therefor remains unpaid after it has been rendered, the Borough Solicitor shall file a municipal claim and/or civil action for such costs and expenses, together with a penalty of 25% of the costs and expenses, and for allowable attorneys' fees, in the manner provided by law for the collection of municipal claims and/or the filing of civil actions.
		107.7.3. Service Fees for Reoccurring Violations. When a property has been declared a "public nuisance" due to refuse accumulation, insect, vermin or rodent infestation, lack of required utilities, facilities, equipment or other property maintenance violations, deemed a detriment to the occupants of a property or the public-at-large and/or cause a blighting condition, the Code Official will notify the responsible party. In the event of a reoccurrence of the violation within a twelve-month period, a service charge established by Borough Council by ordinance or resolution will be assessed against the responsible party. Repeat offender service fees shall be payable to the Borough within 15 days of receipt of the Borough invoice setting forth the service fee. Failure to timely pay said fee will result in the Borough instituting appropriate action against the offender to recover both the service fee and any related administrative fees.
		107.7.4. Public Safety Official Notice and Quick Ticket Procedures. In addition to other enforcement mechanisms available to the Borough under this code, the Code Official is authorized to issue Public Safety Official Notices for Property Maintenance Code violations and Quick Tickets for violations regarding high weeds and grass, garbage, rubbish and animal waste. The fines for the above-referenced violations shall be payable within 15 days. Repeat offenders shall be subject to additional penalties. Failure to pay the Quick Ticket within 15 days may result in a summary citation being issued through the local Magisterial District Judge's office. Borough Council shall approve Quick Ticket forms and penalty amounts by resolution.

E.2.

Section 110.3 shall be revised to provide as follows:

[Added 4-23-2013 by Ord. No. 2013-1]

110.3. Failure to Comply. Whenever the owner of a property fails to comply with a demolition order within the time period prescribed, the Code Official shall request the Borough Solicitor to institute an action at law or in equity against the property owner to obtain an order authorizing the Code Official to raze and remove such structure or contract for the razing and removal of such structure at the expense of the owner of the property. At the completion of such razing and removal, the Borough Solicitor shall file a municipal claim as a lien against the property in the amount of the Borough's costs plus a penalty of 25% of such costs and for allowable attorneys' fees. The Borough Solicitor may also institute any proceedings at law or in equity to provide for the collection of the Borough's costs and expenses.

Section 110.4 shall be deleted in its entirety.

Section 111, Means of Appeal, shall be deleted in its entirety. A new Section 111, Appeals, shall be inserted, which shall provide as follows:

SECTION 111

APPEALS

111.1 Appeals. An appeal from any decision of the Code Official may be taken to the Borough Council. Such appeal shall be made, in writing, within 10 days after such decision has been made. The appeal shall be verified by an affidavit, shall state the grounds therefor and shall be filed with the Borough Secretary. The appeal shall be accompanied by the appeal fee, which shall be established by ordinance or resolution of the Borough Council. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. The Borough Council may vary or modify any provision of this code where there are practical difficulties in the way of executing the strict letter of the law so that the spirit of the law shall be observed, public safety secured and substantial justice done. Such variation or modification shall be the minimum necessary in order to grant relief. The Borough Council shall render a written decision, copies of which shall be provided to the Code Official and the appellant.

Section 202, General Definitions, shall be amended by inserting the following definitions:

	ABATE/ABATEMENT. When used in connection with lead-based coating, the reduction of, removal of or encapsulation of lead, followed by through cleanup and post-cleanup treatment, from the surfaces and sources that promote exposure resulting in the possibility of lead toxicity or poisoning, which abatement shall be in a manner approved or determined to be appropriate by the Code Official. The methods of abatement and subsequent disposal of lead shall not present a hazard to health from fumes, dust or vapors by inhalation, ingestion or absorption through the skin and mucous membranes and shall be in accordance with all applicable laws, ordinances, regulations and safety standards of the Borough, the state and federal agencies.
	BOROUGH. The Borough of Millersville, Lancaster County, Pennsylvania.
	BOROUGH COUNCIL. The governing body of the Borough.
	EXPOSED SURFACE. When used in connection with lead-based coating, all interior surfaces of a dwelling or other structures which may be occupied by children and those exterior surfaces of such dwelling or structures which are readily accessible to children under six years of age, such as stairs, decks, porches, railings, windows, doors and sidings. Any yard or other area in the vicinity of a dwelling or structure, including, without limitation, any soil, yard or other area which may be subject to contamination from flaking or peeling lead-based coatings or any other source of lead, is also considered an exposed surface.
	LEAD-BASED COATING. Any paint, varnish, glaze or other applied liquid surface coating and putty or plaster which contains a quantity of lead in excess of 0.6 milligram per square centimeter of surface.
	RECOGNIZED METHOD OF ANALYSIS. Any recognized method of lead detection and analysis which results in measurement of lead in milligrams in a square centimeter of a particular area, including, without limitation, a radio isotope x-ray fluorescent analyzer for in-place determination of lead content.
	VEHICLE, HAZARDOUS. A vehicle, including but not limited to an automobile, bus, van, truck, recreational vehicle or trailer, which:
	(1)	Contains one or more broken windows or one or more missing doors or a missing trunk or hood which allows entry into the vehicle by children or vermin.
	(2)	Is structurally unstable or supported by blocks, jacks or other devices which may slip or move, presenting a danger to passersby.
	(3)	Is parked upon property in such a manner as to obstruct the vision of drivers or interfere with the free movement of pedestrians or traffic or create a fire hazard.

Insert a new § 301.4, which shall provide as follows:

301.4 Interference with compliance. No person shall take or cause any person to take any action which creates a condition which results in a premises violating any requirement of this code, including but not limited to tampering with water service or sewer service or facilities, depositing rubbish or garbage or any other discarded materials on a premises, removal of fire extinguishers and blocking exits. Notwithstanding the foregoing, it shall not be a violation of this code for the supplier of public water service to cease service for nonpayment of water or sewer rates or charges in accordance with applicable laws and procedures.

Section 302.4 shall provide as follows:

	302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens, protected wildflowers and wetlands. The failure to maintain a premises and exterior property free from weeds or plant growth in excess of six inches is a violation of the provisions of this code, whether or not the Borough Council, Code Official, or other officer or employee of the Borough provides the notice set forth below. Any police officer of the Borough and the Code Official may institute summary enforcement proceedings pursuant to Section 106 of this code. Such prosecution shall not prevent the Borough from also proceeding under the provisions of this section to abate nuisance conditions on the property.
	The Borough Council, the Code Official or any officer or employee of the Borough designated for this purpose is hereby authorized to give notice, by personal service, by United States mail or by posting the property, to the owner of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of this code, directing and requiring such owner to remove, trim or cut such grass, weeds or vegetation, so as to conform to the requirements of this code, within five business days after the issuance of such notice. In case any person shall neglect, fail or refuse to comply with such notice within five business days after the issuance of such notice, Borough authorities may remove, trim or cut such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of such cost and allowable attorneys' fees, may be collected by the Borough from such person in the manner provided by law.
	If the Borough Council, the Code Official or any officer or employee of the Borough has given notice under this section in the calendar year and the owner did not comply with the notice within the required five business days, the Borough shall not be required to give additional notice to the owner before the Borough removes, trims or cuts grass, weeds or vegetation on the property in that same calendar year, and the Borough may collect the cost thereof, together with a penalty of 10% of such cost and allowable attorneys' fees, from such person in the manner provided by law.

Section 302.8.3 shall be amended to provide as follows:

[Amended 4-23-2013 by Ord. No. 2013-1]

	302.8. Vehicles. Except as provided in other regulations, the parking and storage of motor vehicles, including but not limited to automobiles, buses, vans, trucks, recreational vehicles, and trailers, shall be limited as provided herein.
		302.8.1. Licensed and Inspected Vehicles. Vehicles which have a current license and inspection may be stored upon a premises in accordance with the requirements of the Borough Zoning Ordinance and other applicable ordinances and regulations unless such vehicles are hazardous vehicles as defined herein.
		302.8.2. Unlicensed or Uninspected Vehicles. Vehicles which do not have both a current license and a current inspection may be stored within a completely enclosed structure on any premises. Unlicensed or uninspected vehicles shall not be stored outside of a completely enclosed structure on a premises for more than 30 days. The Code Official and/or the Police Department may order the removal of an unlicensed or uninspected vehicle using the procedure set forth in Section 302.8.3. Exceptions: The operator of a motor vehicle towing or repair establishment shall be permitted to store unlicensed or uninspected motor vehicles for a period of not more than 90 days, and operators of agricultural operations shall be permitted to store unlicensed or uninspected agricultural vehicles which are part of an active agricultural operation.
		302.8.3. Hazardous Vehicles. No person who owns a hazardous vehicle shall park, place, deposit or permit the parking, placement or depositing of the hazardous vehicle on any property. No property owner shall permit any hazardous vehicle to remain on a premises. If any hazardous vehicle is parked or placed upon a premises, the Code Official and/or the Police Department shall notify the owner or occupant of the premises of the duty to remove the hazardous vehicle. The Code Official and/or the Police Department shall post upon the hazardous vehicle in a conspicuous place a notice directing the removal of the hazardous vehicle within 10 days. Should the vehicle not be removed, the Code Official and/or the Police Department shall serve a second notice, which shall be in writing and shall provide a time limit not to exceed five days within which the hazardous vehicle has to be removed. Said notice shall be served as provided in Section 107.3 herein and shall additionally be posted upon the hazardous vehicle. If the owner of the premises fails to remove the hazardous vehicle, the Borough may take action to abate the health and/or safety hazard resulting from the hazardous vehicle in the manner provided in Sections 107.3.2 and 107.3.3 herein.

A new § 302.10 shall be added, which shall provide as follows:

302.10 Used vehicle parts and tires. No person shall place, deposit or permit the placement or depositing of used vehicle parts or tires outside of an enclosed structure on any property unless such used vehicle parts or tires are secured to prevent removal and unless such used vehicle tires are wrapped or covered in a manner sufficient to prevent the accumulation of any standing water, to eliminate all breeding grounds for insects and to eliminate all areas which could be used as harborage for rodents or other animals.

L.1.

Section 302 shall be amended to insert a new Subsection 302.11 which shall provide as follows:

[Added 3-22-2011 by Ord. No. 2011-2]

302.11 Parking on grass. No person shall park, or knowingly permit to be parked, any motor vehicle, whether or not such motor vehicle may be unsheltered or tarp covered, on any grass or exposed soil in any yard of any premises upon which one or more residential dwelling units are located.
	302.11.1 Responsibility. The owner of the premises, occupants of the residential dwelling unit or dwelling units on the premises, and the owner of such motor vehicle shall be responsible for compliance with this Section 302.11.
	302.11.2 Exceptions. A motor vehicle may be temporarily parked on a grassed area for the purpose of loading, unloading or washing such motor vehicle. The motor vehicle shall be promptly removed from the grassed area upon completion of loading, unloading, or washing such vehicle.
	302.11.3 Enforcement. The Code Official or any police officer shall be authorized to enforce Section 302.11. The parking of vehicles on grass or exposed soil is a violation of this Code, whether or not the Borough Council, the Code Official, or any other officer of the Borough provides any enforcement notice or notice of violation.
		302.11.3.1 Summary proceedings. Any police officer of the Borough and the Code Official may institute summary enforcement proceedings pursuant to Section 106 of this Code.
		302.11.3.2 Tickets for violations. The Code Official and Borough police officers shall have the authority to issue a ticket prior to the institution of summary enforcement proceedings. The Code Official or police officer shall identify on the ticket the violation of this section of the Code indicating, in each case, the location where the violation took place, the license number of the motor vehicle, the date and time the motor vehicle was observed parked on grass or exposed soil, and any other facts that might be necessary in order to secure a clear understanding of the circumstances attending the violation. The Code Official or police officer may personally serve the ticket upon the occupant of the premises on which the violation has occurred or shall attach the ticket to the motor vehicle parked on the grass or exposed soil. The Code Official or police officer may also mail the ticket to the registered owner of the motor vehicle. The ticket shall contain instructions that if the recipient of the ticket shall report to the office of the Chief of Police and pay the penalty amount set forth on such ticket (which shall be established by Borough Council by resolution) within five days, that act will save the violator from prosecution and from payment of the fine and costs in Section 106.4 of the Code and, if the violator shall pay the sum set forth on the ticket plus a late fee of $10 more than five days but less than 14 days after the notice, that act will save the violator from prosecution and from payment of the fine and costs prescribed in Section 106.4 of this Code.

Section 303.2, Protective treatment, shall be amended by adding the following sentence to the existing section:

[Amended 4-23-2013 by Ord. No. 2013-1]

If exterior painted surfaces contain lead levels as set forth in Section 304.19 herein, all requirements of Section 304.19 shall be met.

Section 303.14, Insect screens, shall be amended by inserting "April 15" and "October 1" into the appropriate places.

A new § 304.19 shall be added, which shall provide as follows:

	304.19 Lead-based coatings. Any source of lead, including, without limitation, a lead-based coating, shall be considered a health hazard to a child under six years of age who has demonstrated an elevated blood level (which, for the purposes of this code, shall be considered to be a level equal to or greater than 10 micrograms per deciliter or any future standard established by the United States Public Health Service Centers for Disease Control) if:
	(1)	It exists in or about a dwelling or other structure in which a child under six years of age who has demonstrated an elevated blood lead level commonly resides or visits; and
	(2)	It is determined to be on any flaking, peeling, nonintact deteriorated surface or on any exposed surface or in any soil or dust found in or about the dwelling or structure or in any rugs, carpet or other surface coverings in or about the dwelling or structure; and
	(3)	It contains a quantity of lead in excess of 0.6 milligram per square centimeter of surface when measured by a recognized method of analysis.
		304.19.1. Notices. Sources of lead, including lead-based coating areas, must be marked with warnings immediately upon positive testing, and notice of these areas shall be given to the occupant at the time of testing to avoid further child poisoning.
		304.19.2. Abatement of Health Hazard. If it is determined that there exists a health hazard under Section 304.7, the owner shall be responsible to abate the hazard within such time as specified by the Code Official. The owner and/or occupant of the premises shall bear the cost of abatement and shall present a written plan of abatement to the Code Official for review and approval prior to initiating said abatement. The owner and/or occupant of the premises shall abate the health hazard in accordance with the approved plan, shall completely perform all steps of such approved plan, and shall perform the work set forth in the approved plan in a good and workmanlike fashion. The owner and/or occupant of the premises shall submit proof satisfactory to the Code Official of abatement promptly upon completion.

Section 308, Rubbish and Garbage, shall be amended by adding new Sections 308.4, Notices of Violation, and 308.5, Enforcement, which shall provide as follows:

[Amended 4-23-2013 by Ord. No. 2013-1]

	308.4. Notices of Violation. Borough Council, the Code Official or any officer or employee of the Borough designated for this purpose is hereby authorized to give notice, by personal service, by United States mail or by posting the property, to the owner of any premises on which there exist accumulations of rubbish or garbage remaining in violation of the provisions of this code, directing and requiring such owner to remove such accumulations of rubbish or garbage, so as to conform to the requirements of this code, within five business days after the issuance of such notice. In case any person shall neglect, fail or refuse to comply with such notice, within five business days after the issuance of such notice, Borough authorities may remove such accumulations of rubbish or garbage, and the cost thereof, together with a penalty of 25% of such cost, and allowable attorneys' fees may be collected by the Borough from such person in the manner provided by law.
	If Borough Council, the Code Official or any officer or employee of the Borough has given notice under this section in the calendar year and the owner did not comply with the notice within the required five business days, the Borough shall not be required to give additional notice to the owner before the Borough removes accumulations of rubbish or garbage on the property in that same calendar year, and the Borough may collect the cost thereof, together with a penalty of 25% of such cost, and allowable attorneys' fees from such person in the manner provided by law.
	308.5. Enforcement. The Code Official or any police officer shall be authorized to institute summary criminal proceedings against any person who fails to comply with the requirements of this Section 308 prohibiting accumulations of rubbish or garbage and requiring proper storage and disposal of rubbish and garbage. The failure to maintain exterior premises and property and the interior of a structure free from accumulation of rubbish and garbage and/or the failure of any person to comply with the requirements of Sections 308.2 and 308.3 of this code is a violation of the provisions of this code, whether or not Borough Council, Code Official, or other officer or employee of the Borough provides the notice set forth below. Any police officer and the Code Official may institute summary enforcement proceedings pursuant to Section 106 of this code. Such prosecution shall not prevent the Borough from also proceeding under the provisions of Section 308.4 to abate nuisance conditions on the Property.

Section 507.1, General, shall be amended to provide as follows:

507.1 General. Drainage of roofs and paved areas, yards, courts and other open areas on the premises shall not be discharged in a manner which creates a nuisance. Without limiting the foregoing, drainage of stormwaters from any source shall not be directed into any drain connection with any public sewer system, any individual or community sewage disposal system, any cesspool or any absorption areas for a sewage disposal system. Drainage water from any source shall not be directed onto the cartway of a public street or discharged in such a manner that water accumulates on the cartway or a public street.

Section 602.3, Heat supply, shall be amended by inserting "October 1" and "April 15" into the appropriate places.

Section 602.4, Occupiable work spaces, shall be amended by inserting "October 1" and "April 15" into the appropriate places.

Article II Uniform Construction Code

[Adopted 6-22-2004 by Ord. No. 2004-3]

§ 150-4 Short title.

This article shall be known and may be cited as the “Millersville Borough Construction Code Ordinance.”

§ 150-5 Legislative intent.

[Amended 1-27-2009 by Ord. No. 2009-1]

By Act 45 of 1999, the Pennsylvania Legislature provided for the adoption of a Pennsylvania Uniform Construction Code and directed the Department of Labor and Industry to promulgate regulations for the Uniform Construction Code. In 2002, the Department of Labor and Industry adopted final regulations governing certification and training of persons to administer the Uniform Construction Code; and on January 10, 2004, the Department issued final regulations for the administration of the Uniform Construction Code. The Uniform Construction Code incorporates the International Building Code/2006, or such future edition as may be adopted from time to time, the International Residential Code/2006, or such future edition as may be adopted from time to time, the International Existing Building Code/2006, or such future edition as may be adopted from time to time, the standards incorporated into such publications by reference, and other publications as set forth in the L & I Regulations. The Council desires to adopt and administer the Pennsylvania Uniform Construction Code and establish administrative and enforcement regulations.

§ 150-6 Amendments to code.

[Amended 11-28-2006 by Ord. No. 2006-4]

The Borough hereby adopts the standards which the Pennsylvania Department of Labor and Industry has adopted as the Pennsylvania Uniform Construction Code identified in Section 403.21 of the L & I Regulations, as such regulations and standard codes adopted by such regulations may be amended from time to time, as the Millersville Borough Construction Code, with the following additions to the International Building Code/2006, or such future edition of the International Building Code as may be adopted from time to time:

Section 202, Definitions, shall be amended by inserting the following definitions in alphabetical order:

	BOROUGH. The Borough of Millersville, Lancaster County, Pennsylvania.
	BUILDING CODE OFFICIAL. A Borough official certified by L & I under Section 103 of the Pennsylvania Construction Code Act. The term includes an individual certified in a category established under Chapter 401 of the L & I Regulations to manage building code enforcement activities, supervise building inspectors or plan examiners, issue building permits, occupancy permits, notice of violations and orders to vacate, and initiate prosecutions.
	CONSTRUCTION CODE OFFICIAL. A Borough official or a third-party agency appointed by the Borough, certified by L & I under Section 103 of the Pennsylvania Construction Code Act in an appropriate category established under Section 701(b) of the Pennsylvania Construction Code Act to perform plan review of construction documents, inspect construction or administer and enforce codes and regulations in that category under the Pennsylvania Construction Code Act or related statutes.
	COUNCIL. The governing body of the Borough.
	DEP. The Department of Environmental Protection of the Commonwealth of Pennsylvania.
	INTERMUNICIPAL AGREEMENT. The agreement among the Borough and the Townships of Manor, Pequea, West Hempfield and West Lampeter and the Boroughs of East Petersburg and Mountville establishing the Central Lancaster County Uniform Construction Code Board of Appeals.
	L & I. The Department of Labor and Industries of the Commonwealth of Pennsylvania.
	L & I REGULATIONS. All regulations adopted by L & I to implement the Pennsylvania Construction Code Act.
	PENNSYLVANIA CONSTRUCTION CODE ACT. Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended.
	THIRD-PARTY AGENCY. A person or firm duly appointed by the Council to act as the Construction Code Official in the administration of this Construction Code.
	UNIFORM CONSTRUCTION CODE. The code adopted pursuant to the Pennsylvania Construction Code Act and the L & I Regulations.

Section 1612.3 is amended by inserting "Millersville Borough" and "April 19, 2005," in the respective blanks.

Section 3410.2 is amended by inserting the date of “July 26, 1976,” for residential dwellings and “July 26, 1976,” for nonresidential structures.

§ 150-7 Administration and enforcement. [1]

The Borough hereby adopts the provisions of Chapter 1, Administration, of the International Building Code/2006, or such future edition as may be adopted from time to time, and the provisions of the L & I Regulations set forth below to govern administration and enforcement of the Millersville Borough Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the codes set forth in Section 403.21 of the L & I Regulations or the L & I Regulations relating to administration or enforcement. Changes from the International Building Code/2006, or such future edition as may be adopted from time to time, Chapter 1 (IBC), and the L & I Regulations to the Millersville Borough Construction Code are as follows:

IBC Section 101.1. Insert "Borough of Millersville, Lancaster County, Pennsylvania."

IBC Section 101.2 shall provide as follows:

101.2 Scope. These regulations shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of all buildings and structures and shall apply to existing or proposed structures, except as such matters are otherwise provided for in other ordinances or statutes, including but not limited to the Borough Zoning Ordinance [Chapter 380], Subdivision and Land Development Ordinance [Chapter 325], Stormwater Management Ordinance [Chapter 315] or in the rules and regulations authorized for promulgation under the provisions of this construction code. Whenever there is a conflict between the provisions of this construction code and any other Borough ordinance, including but not limited to the Zoning Ordinance [Chapter 380], it is the intent of the Council that the more-stringent requirement shall apply. All construction which the Pennsylvania Construction Code Act or the L & I Regulations exempt from compliance with the Uniform Construction Code are exempt from the provisions of this construction code. Items exempted from compliance with the Uniform Construction Code by Section 403.1(b) and 403.1(e) of the L & I Regulations do not have to comply with the construction code but shall comply with all other applicable Borough ordinances.

IBC Section 101.3 shall be amended by adding the following sentence to the existing section:

It is the further intent of the Council that all construction within the Borough shall comply with the provisions of the Americans with Disabilities Act and all applicable regulations to implement the Americans with Disabilities Act promulgated by federal and state regulatory agencies and with the Code Requirements for Housing Accessibility, and this code shall be interpreted in a manner which fulfills this intent. It is also the further intent of the Council to comply with the requirements of the Pennsylvania Construction Code Act and the L & I Regulations.

IBC Section 101.4.5 shall be deleted in its entirety.

IBC Section 103, Department of Building Safety, shall be deleted in its entirety, and a new IBC Section 103, Administration, shall be inserted, which shall provide as follows:

	SECTION 103 ADMINISTRATION
	103.1 Building official. The Council shall appoint a person or persons to serve as a Building Code Official and a Construction Code Official, as those terms are defined in the L & I Regulations. Both the Building Code Official and the Construction Code Official shall be considered the building official, as such term is defined and used in this construction code.
	103.2 Powers and duties of Building Code Official and Construction Code Official. The Building Code Official shall have all powers set forth in the L & I Regulations and shall have the powers and duties of the building official set forth in this Construction Code. The Construction Code Official shall have the powers set forth in the L & I Regulations and may also have the powers of the building official set forth in this Construction Code. The respective duties and responsibilities of the Building Code Official and the Construction Code Official shall be determined by the Council and shall be within the limitations of any certifications required or issued by the L & I.
		103.2.1 The Building Code Official shall serve at the pleasure of the Council. The building Code Official shall provide supervision of the Construction Code Official, receive Construction Code permit applications, address citizen inquiries, concerns and complaints, issue Construction Code permits and occupancy permits, and manage code enforcement activities, including but not limited to issuing notices of violations and orders to vacate, and initiation of prosecutions.
		103.2.2 The Construction Code Official shall serve at the pleasure of the Council. The Construction Code Official shall perform plan review of construction documents, issue Construction Code permits, inspect construction, provide the Building Code Official with reports of inspections and recommendations upon issuance of certificates of occupancy, and administer and enforce this Construction Code. The Construction Code Official may be a third-party agency.
	103.3 Organization. The Council shall appoint such other officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this Construction Code.

IBC Section 104.4 shall be amended by inserting the following language after the first sentence:

The building official shall have the right to reject any report performed by any individual or agency, unless the permit holder has requested and obtained the prior approval of the building official for such individual or agency to perform such inspection. Any individual or agency performing such inspection and providing such report shall demonstrate to the satisfaction of the building official that such individual or agency has obtained all necessary certifications from the L & I.

IBC Section 104.8 shall provide as follows:

104.8 Liability. The Borough and the building official shall have all immunities and rights granted by the Pennsylvania Judicial Code, including but not limited to Chapter 85.

IBC Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter 1 of the International Building Code/2006, or such future edition as may be adopted from time to time, shall not be a part of the Borough Construction Code. The Borough hereby adopts and incorporates Sections 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L & I Regulations to govern applications for and issuance of construction code permits for nonresidential and residential construction, with the changes set forth below:

(1)

L & I Regulations Sections 403.42(a) and 403.62(a) shall be amended by inserting the following at the end of the existing sections:

It shall be the joint responsibility of the owner, lessee, if any, and the contractor to determine that a Construction Code permit (and all other required permits and approvals) has been obtained before performing any work. It shall be unlawful for any contractor or subcontractor to perform any work for which a Construction Code permit is required unless the owner and contractor obtains and posts a Construction Code permit as required by this Construction Code.

(2)

L & I Regulations Sections 403.42a(b) and 403.62a(b) shall be amended by inserting the following at the end of the existing sections:

At the time of filing an application for a Construction Code permit, the applicant shall present to the Building Code Official adequate evidence that the applicant has obtained from all governmental authorities having jurisdiction all permits, licenses, approvals and/or variances required in connection with the proposed use, occupancy, construction, enlargement, alteration or demolition. Such agencies shall include but not be limited to the Zoning Officer, Zoning Hearing Board, Borough Historic Commission, Lancaster County Conservation District, State Police Fire Marshal, DEP, L & I, and the Pennsylvania Departments of Community and Economic Development and Transportation. No application for a Construction Code permit is complete without a copy of any required zoning permit and proof of any required subdivision and/or land development approval and stormwater management plan approval.

(3)

L & I Regulations Sections 403.43(h) and 403.63(h) shall be amended by inserting the following at the end of the existing sections:

The applicant shall post a copy of the Construction Code permit at a location on the property clearly visible to members of the public.

A new IBC Section 108.1.2 shall be inserted, which shall provide as follows:

108.1.2 Time of payment of fees. Applicants for permits under this Construction Code shall pay to the Borough at the time of application all fees established for the review of the application and plans. Prior to the issuance of a Construction Code permit, applicants shall pay to the Borough the estimated fees for all inspections required. If additional inspections become necessary during the costs of construction, applicants shall reimburse the Borough for all such costs within 15 days after the date of an invoice for such costs. Applicants shall pay to the Borough costs incurred for all inspections required during the course of construction prior to the issuance of a certificate of use and occupancy for the structure for which a Construction Code permit has been issued.

IBC Section 108.4 shall be revised to provide:

108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary Construction Code permits shall be subject to an additional fee for expedited processing, which shall be equal to the fee which should have been paid at permit application. The expedited processing fee shall be paid in full in addition to the normal application fee prior to the issuance of a Construction Code permit.

IBC Section 108.6 shall be deleted in its entirety.

Sections 109.3, 109.4, 109.5, and 109.6 of the International Building Code/2006, or such future edition as may be adopted from time to time, shall be deleted, and the Borough hereby adopts Sections 403.45, 403.64, and 403.86 of the L & I Regulations governing inspections, with the changes set forth below:

L & I Regulations Section 403.64(g) shall be deleted in its entirety.

IBC Section 110, Certificate of Occupancy, of the International Building Code/2006, or such future edition as may be adopted from time to time, is deleted. The Borough adopts Sections 403.46 and 403.65 of the L & I Regulations governing certificates of occupancy. Sections 403.46 and 403.65 of the L & I Regulations are amended as follows:

(1)

L & I Regulations Section 403.46(b) is amended by adding the following subsection:

(10)

A statement that the issuance of a certificate of occupancy shall not be deemed permission to occupy the structure or commence a use if any other ordinance requires the issuance of a permit or certificate prior to use and occupancy.

(2)

L & I Regulations Section 403.65(b) is amended by adding the following subsection:

(9)

IBC Section 112, Board of Appeals, shall be amended in its entirety to provide as follows:

	112.1 Board of Appeals. The Borough hereby appoints the Central Lancaster County Uniform Construction Code Board of Appeals as the Board of Appeals under the Millersville Borough Construction Code. Members of the Central Lancaster County Uniform Construction Code Board of Appeals shall be selected in accordance with the intermunicipal agreement.
	112.2 Authority of Board of Appeals. The Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time. An application for appeal shall be based on a claim that the true intent of the Pennsylvania Construction Code Act or Uniform Construction Code has been incorrectly interpreted, the provisions of the Pennsylvania Construction Code Act or Uniform Construction Code do not fully apply or an equivalent form of construction is to be used.
	112.3 Membership of Board of Appeals. A member of the Board of Appeals shall be qualified by training and experience to pass on matters pertaining to building construction. Members of the governing body may not serve on the Board of Appeals. A Board of Appeals member may not cast a vote or participate in a hearing in any appeal, request for variance or request for extension of time in which the member has a personal, professional or financial interest.
	112.4 Operation of Board. The Board of Appeals may establish policies and procedures necessary to carry out its duties in accordance with the intermunicipal agreement. The Board shall annually select one of its members to serve as Chairperson and one of its members to serve as Vice Chairperson. The Board of Appeals shall keep minutes of its meetings and file a written decision on all appeals under this Construction Code. The Board of Appeals shall provide notice of and conduct its meetings in accordance with the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
	112.5 Procedures for applications and appeals. Any person desiring to file an application or appeal to the Board of Appeals may file such appeal with the building official. All applications and appeals to the Board of Appeals shall be in writing and shall specify the section of this Construction Code from which relief is sought or the action of the building official which is the subject of the appeal. The written application or appeal shall state all of the grounds for the application or appeal and shall include any necessary plans or specifications to provide the Board of Appeals with information to evaluate the application or appeal and shall include the fee. No application appeal will be considered complete without the necessary appeal fee. Any appeal from a determination of the building official shall be filed within 30 calendar days of the determination.
		112.5.1 Hearings. An applicant or appellant who desires to present testimony to the Board of Appeals shall request a hearing in the application or appeal. If the applicant or appellant does not request a hearing, it will be assumed that the Board of Appeals may render its determination based on the written information submitted with the application or appeal and any additional information available to members of the Board of Appeals.
		112.5.2 Parties. The Borough shall be considered a party to all appeals or applications filed with the Board of Appeals. Other persons affected by the appeal or application who have made timely appearances of record may also be recognized as parties to the appeal or application.
		112.5.3 Decision. The Board of Appeals shall render its decision in writing within any time periods imposed in state laws or L & I Regulations. The Board of Appeals shall provide the applicant or appellant, the building official and the Borough with copies of the appeal.

IBC Section 113, Violations, shall provide as follows:

	113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy, or to permit the erection, construction, alteration, extension, repair, removal, demolition, use or occupancy of, any building or structure or equipment regulated by this Construction Code, or cause same to be done, in conflict with or in violation of this Construction Code. It shall also be unlawful for any person to place inaccurate or misleading information on an application or plan or to omit relevant information from an application or a plan submitted to the Borough.
	113.2 Notice of violation. The building official may serve a notice of violation on any person responsible for the erection, construction, alteration, extension, repair, removal, demolition, use, permission to use, occupancy, or permission for occupancy of a building or structure or equipment in violation of the provisions of this Construction Code, or in violation of a detailed statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this Construction Code. Such notice shall order discontinuance of the illegal action or condition and the abatement of the violation. Notwithstanding the foregoing, it shall not be a defense to an enforcement action that the building official did not serve or that the defendant did not receive a written notice of violation prior to the institution of the enforcement action.
		113.2.1 If an inspection reveals a violation of this Construction Code, the Construction Code Official shall discuss the inspection results with the permit holder at the completion of the inspection.
		113.2.2 When a violation relates to an unsafe building, structure, or equipment, the building official shall proceed in accordance with Section 403.84 of the L & I Regulations.
	113.3 Prosecution of violation. If the Building Code Official has served a notice of violation and the notice of violation is not complied with within the time specified by the building official, or if the Building Code Official determines that there is insufficient time to serve a notice of violation or that such notice of violation will have no practical or beneficial effect, the Building Code Official shall notify the Council of the violation and shall request the Council to authorize institution of enforcement proceedings against the violator and/or authorize the Borough Solicitor to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of this Construction Code or of the order or direction made pursuant thereto. Notwithstanding the foregoing, the Building Code Official may institute summary enforcement proceedings without prior authorization of the Council.
	113.4 Violation penalties. Any person who shall violate a provision of this Construction Code or who shall fail to comply with any of the requirements thereof or who shall erect, construct, alter, extend, repair, remove, demolish, use or occupy, or permit the use or occupancy of any building or structure or equipment regulated by this Construction Code in violation of the provisions of this Construction Code or of an approved plan or of a directive of the building official or of a permit or certificate issued under the provisions of this Construction Code or who shall permit the use, occupancy, erection, construction, alteration, extension, removal, demolition or repair of the building or structure or equipment in violation thereof, shall, upon being found guilty in an enforcement proceeding commenced by the Borough, pay a penalty of not less than $200 and not more than $1,000 for each violation plus all costs of prosecution, which fines and penalties may be collected as provided by law. Each day that a violation continues shall be deemed a separate offense, and each section of this Construction Code which is violated shall be deemed a separate offense. The building official may request the Police Department to make arrests for any offense against this Construction Code or orders of the building official affecting the immediate safety of the public.
	113.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Borough Solicitor or the building official from instituting appropriate action to prevent the unlawful construction, or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business, or use of a building or structure on or about any premises.

IBC Section 114.3 shall provide as follows:

114.3 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall commit a violation of this Construction Code and shall be subject to penalties or fines as provided in Section 113.4 and remedies as provided in Section 113.5.

IBC Section 115, Unsafe Structures and Equipment, of the International Building Code/2006, or such future edition as may be adopted from time to time, is deleted. The Borough adopts Section 403.84 of the L & I Regulations governing unsafe buildings, structures, or equipment.

Table R301.2(1) of the International Residential Code/2006, or such future edition as may be adopted from time to time, is hereby completed by inserting the following information:

	Ground snow load: 30 pounds per square foot.
	Wind speed (mph): 90 mph.
	Seismic design category: A, B, C, D.
	Weathering: severe.
	Frost line depth: 30 inches.
	Termite: moderate to heavy.
	Decay: slight to moderate.
	Winter design temperature: 10°.
	Ice shield underlayment required: yes.
	Flood hazard: FIRM Map in effect as of the date of this article and as may be revised in 2004-2005.
	Air freezing index: 1,000.
	Mean annual temperature: 50°.

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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).