[HISTORY: Adopted by the Borough Council of the Borough of Eagles Mere as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 74.
[Adopted 5-3-2004 by Ord. No. 2004-2]
A. 
The Borough of Eagles Mere hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.103, as amended from time to time, and its regulations.
B. 
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Borough of Eagles Mere.
Administration and enforcement of the Code within the Borough of Eagles Mere 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 an employee of the Borough 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 this Act through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this 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 shall be established by resolution of Borough Council 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, said board of appeals may be established by joint action of the participating municipalities.
A. 
All building code ordinances or portions of ordinances which were adopted by the Borough of Eagles Mere 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, as amended from time to time.
B. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
C. 
All relevant ordinances, regulations and policies of the Borough of Eagles Mere not governed by the code shall remain in full force and effect.
Fees assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the code shall be established by the Borough Council by resolution from time to time.
[Adopted 7-5-2004 by Ord. No. 2004-3]
This article shall be known and may be cited as the "Eagles Mere Borough Contractor Registration Ordinance."
This article shall apply to all persons, companies, corporations, individuals, partnerships or other entities doing construction, demolition, excavation or other similar work which would require an inspection to be performed pursuant to the Pennsylvania Construction Code, Act 45 of 1999, with the exception of the owner or occupant of the property or building who is performing his own work.
Administration and enforcement of the article shall be undertaken in any of the following ways as determined by Borough Council from time to time by resolution.
A. 
By the Borough through the designation of its employee(s);
B. 
By the retention of a third-party agency to act on behalf of the Borough;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement through an intermunicipal agreement;
D. 
By a cooperative effort through a Council of Governments; or
E. 
By entering into a contract with another municipality for administration and enforcement on behalf of the Borough.
Every entity engaging in construction services covered under this article shall first register with the Borough or its designated agent. The application shall be on a form provided by the Borough or its agent and shall contain at least the following information:
A. 
Full name of applicant and mailing address.
B. 
Type of entity and, if other than an individual, the person responsible to provide the required information.
C. 
Business telephone number.
D. 
The applicant shall also provide the following documents:
(1) 
A copy of the certificate of workers' compensation insurance from his insurance company or certificate of self insurance from the Department of Labor and Industry or a notarized affidavit of exemption from workers' compensation insurance, stating that the individual, company, corporation, etc. will not hire any employees to work on the construction project.
(2) 
A copy of the certificate of liability insurance.
(3) 
If the workers' compensation or liability insurance policy expires, lapses, terminates or is canceled before the end of the calendar year for which registration has been accomplished, or if the applicant changes the coverage to a different policy or company, the applicant shall be responsible to submit a new copy of the certificate of insurance.
(4) 
Contractor's federal or state employer identification number.
No registration shall be accepted under this Ordinance until the proper fee shall be paid to the Borough or its agent, which fee will be used to defray administrative enforcement costs. Said fee shall be set by Borough Council from time to time by resolution. All registrations shall be effective only for the calendar year in which they are filed and must be renewed yearly on or before January 31 of each year.
Any registration filed under this article may be suspended at any time by the Borough or its agent for violation of Act 45 of 1999, loss of insurance coverage or other good reasons. Appeals from any suspension may be made to Borough Council or by a process established by its designated agent at any time within 10 days after such suspension. No part of a registration fee shall be refunded to any person whose registrations shall have been suspended.
Any person, company, corporation or individual who shall violate any provision of this article shall, upon conviction thereof in a summary proceeding, be fined not more than $1,000 plus costs and reasonable attorney's fees for each offense. In default of payment thereof, shall undergo imprisonment for a period not exceeding 30 days. Each day or portion of day a contractor works without having a valid registration shall be considered a separate offense.
This article shall become effective immediately after its enactment.