[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg as indicated in article histories. Amendments noted where applicable.]
Electrical standards — See Ch. 135.
Fair housing — See Ch. 142.
Fire prevention — See Ch. 150.
Floodplain management — See Ch. 154.
Plumbing standards — See Ch. 216.
Sewers and sewage disposal — See Ch. 242.
Subdivision and land development — See Ch. 258.
Water — See Ch. 292.
Zoning — See Ch. 300.
[Adopted 6-28-2004 by Ord. No. 2004-8]
Editor's Note: This ordinance also repealed former Ch. 113, Building Construction, which consisted of the following: Art. I, Fees, adopted 5-12-1960, as amended; and Art. II, Building Code, adopted 10-11-1978 by Ord. No. 78-26, as amended. Specifically saved from repeal, however, was Section 627.0, Parking Lots, of the former BOCA Building Code. Said section is included herein as § 113-8.
The Borough hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code, Act 45 of 1999, and applicable regulations as promulgated by the Pennsylvania Department of Labor and Industry, as amended from time to time.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as well as those ancillary codes referenced in Department of Labor and Industry regulations Section 403.21, as amended from time to time, is hereby adopted and incorporated herein by reference as the Municipal Building Code of the Borough of Chambersburg. The foregoing notwithstanding, in the event of a repeal by the Commonwealth of Pennsylvania of the mandatory provisions of the PA UCC, that Code, as enacted by this article, shall continue in effect until such time as amended by the Borough of Chambersburg.
Administration and enforcement of the Code within the Borough shall be undertaken in any of the following ways as determined by the Borough from time to time by resolution:
By the designation of an employee of the Borough to serve as the municipal code official to act on behalf of the Borough;
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough;
By agreement with one or more other municipalities for the joint administration and enforcement of this Code through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of this Code on behalf of the Borough; or
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of the Code provisions for structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution 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.
Any person who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not less than $250 nor more than $1,000, together with all costs. Each day a violation continues shall be considered a separate violation.
All building code ordinances or portions of ordinances heretofore adopted by the Borough are hereby repealed.
All relevant ordinances, regulations and polices of the Borough not governed by the Code shall remain in full force and effect.
When any building or construction activity is contemplated within the Borough, application shall first be made to the Borough at the Borough Office on a form to be provided by the Borough for the issuance of a land use permit. Issuance by the Borough of a land use permit for the specific project shall be a prerequisite to make application for a construction permit. No construction permit application will be accepted without a completed land use permit.
All construction permits issued pursuant to this article shall be valid for one year, provided construction of the structure being permitted is commenced within six months of the date of issuance of the construction permit. If construction is not begun within the said six-month period, the permit shall be void and application for a new permit must be made prior to the commencement of any construction on the structure. No extension of the six-month starting period shall be granted. For reasonable cause shown, the one-year period for completing the construction authorized by a construction permit may be extended for an additional one-year period. However, not more than two such extensions shall be granted.
All land use permits issued pursuant to this article shall be valid for 18 months, provided construction on the project is begun within nine months of the date of issuance of the land use permit. If construction is not begun within the said nine-month period, the permit shall be void and application for a new permit must be made prior to the commencement of any construction on the project. No extension of the nine-month starting period shall be granted. For reasonable cause shown, the eighteen-month period for completing the construction authorized by a land use permit may be extended for an additional eighteen-month period. However, not more than one such extension shall be granted.
At the completion of any construction activity for which either a construction permit or a land use permit is issued, the project owner or agent of the project owner shall make application for a construction occupancy permit for the structure for which a construction permit has been issued and application for land use occupancy permit for the project for which a land use permit has been issued. No land use occupancy permit shall be issued until a construction occupancy permit, where required, has been issued. No use or occupancy of the premises covered by the construction permit and/or the land use permit shall occur until both required occupancy permits have been issued.
Fees assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the Code shall be established by the Borough by resolution from time to time.
The following provisions, originally added to the former BOCA code, are saved from repeal and remain in effect: