[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 12-26-1995
by Ord. No. 12-1995; amended in its entirety 4-20-2004
by Ord. No. 7-2004. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Borough of Kutztown Building
Code."
The provisions contained in § 77-3 of this chapter were reenacted on April 20, 2004, pursuant to Act 45 of 1999, also known as the "Pennsylvania Uniform Construction Code," which allowed for the reenactment of all building code ordinances which equal or exceed the specific requirements of the Pennsylvania Uniform Construction Code and were in effect prior to July 1, 1999.
A.
Erosion control notification. The Code Official shall
notify the Pennsylvania Department of Environmental Resources (PennDER) or
its designee immediately upon receipt of an application for a building permit
involving an earthmoving activity which affects five acres or more of land.
The Code Official shall not issue a building permit to those engaged in earthmoving
activities requiring a PennDER permit until PennDER has issued such permit.
B.
Flood hazard area requirements. The Code Official shall
not issue permits for the erection or alteration of buildings and structures
located or to be located within areas of the Borough of Kutztown regulated
under Section 1910.3 of the National Flood Insurance Program Regulations issued
by the United States Department of Housing and Urban Development unless and
until all of the requirements of all ordinances of the Borough of Kutztown
relating to the criteria and requirements of Section 1910.3 of the National
Flood Insurance Program Regulations issued by the United States Department
of Housing and Urban Development and all requirements of the Commonwealth
of Pennsylvania are met.
C.
The placement or replacement of roofing or siding or
change of construction materials shall require an application to the Code
Official.
D.
The plan shall also include the approximate location
and types of all underground lines and the names and addresses of the users
as required by Act 38 of the Commonwealth of Pennsylvania, as from time to
time amended.
E.
A list of required inspections shall appear on the building
permit. The applicant to whom a building permit is issued shall be responsible
for requesting of the Code Official each inspection appearing on the permit
as aforesaid, at least 24 hours before the applicant desires each inspection
to be performed.
F.
Violations and penalties. Any person, partnership, corporation,
trust or other entity who or which shall fail to comply with any of the requirements
hereof or repair a building or structure in violation of an approved plan
or directive of the Code Official or other authorized person or of a permit
or certificate issued under the provision of this Code shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000.
In default of payment of the fine by any convicted person, partnership, corporation,
trust or other entity, such person, the members of such partnership, the officers
of such corporation or the trustees of such trust or the persons responsible
for the operation of any other entity shall be liable to imprisonment for
not more than 60 days. Each day that a violation is continued shall constitute
a separate offense.
G.
Costs of emergency repairs. Costs incurred in the performance
of emergency work shall be paid by and shall be the liability of the owner
of the premises where the unsafe building or structure is or was located.
Upon failure of payment, the Solicitor for the Borough of Kutztown shall institute
appropriate action against such owner for recovery of such costs.
H.
Dwellings. All boardinghouses, hotels, motels and all single-family, two-family and multifamily dwellings as those terms are defined in Chapter 225, Zoning.
J.
Private garages in Use Group R shall be separated from
the interior spaces and attic area by five-eighths-inch fire shield, gypsum
board or equivalent applied to the garage side.
K.
Door sills between private garages and adjacent interior
spaces shall be raised not less than four inches (102 millimeters).
L.
The minimum compressive strength of concrete shall not
be less than 3,000 pounds per square inch (20,685 kPa).
M.
Housekeeping. Rubbish and trash shall not be allowed
to accumulate on the construction site and shall be removed as soon as conditions
warrant. Combustible rubbish shall be removed daily and shall not be disposed
of by burning on the premises or in the immediate vicinity. The entire premises
and area adjoining and around the operation shall be kept in a safe and sanitary
condition and be kept free of accumulation of trash, rubbish, nuts, bolts,
small tools and other equipment. Rubbish and trash shall not be buried or
backfilled on the premises but shall be removed and disposed of in accordance
with regulations of the Commonwealth of Pennsylvania.
N.
Fee schedule. A fee schedule shall be determined and
established from time to time by the Borough Council. Upon enactment of this
section and until such time as the Borough Council enacts a new fee schedule,
the fee schedule in place at the time of this section's adoption shall
be enforced.
