[HISTORY: Adopted by the Borough Council
of the Borough of Sayre as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-22-2004 by Ord. No. 828]
This municipality hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in
34 Pa. Code, Chapters 401 to 405, as amended from time to time, is
hereby adopted and incorporated herein by reference as the municipal
building code of this municipality.
Administration and enforcement of the Code within
this municipality shall be undertaken in any of the following ways
as determined by the governing body of this municipality from time
to time by resolution:
A.
By the designation of an employee of the municipality
to serve as the municipal code official to act on behalf of the municipality.
B.
By the retention of one or more construction code
officials or third party agencies to act on behalf of the municipality.
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
municipality.
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.
[Amended 12-21-2016 by Ord. No. 932; 12-18-2019 by Ord. No. 962]
The review board shall be the Sayre Code Review
Board appointed by the Sayre Borough Council which will hear all appeals
of the Code Enforcement Officer’s decision to enforce the ordinance.
All appeals shall be filed within 30 days of notice of the violation.
Said Appeals Board shall consist of three members appointed by Council
for initial terms of one year, two years, and three years. Thereafter
each Board member shall, upon the approval by Council, serve a term
of five years. The qualifications for the Board will be determined
based on the recommendation by the Borough Council who are qualified
by experience and training to pass on matters pertaining to the ordinance.
The Code Review Board fee shall be $750 plus costs and may be amended
from time to time by the municipality for the administration and appeals
undertaken pursuant to this chapter and the Code shall be established
by the governing body by resolution.
A.
All building code ordinances or portions of ordinances
which were adopted by this municipality 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 chapter 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 this municipality not governed by the Code shall remain in full
force and effect.
[Amended 4-24-2014 by Ord. No. 907; 12-18-2019 by Ord. No. 962; 5-27-2020 by Ord. No. 963]
Fees assessable by the municipality for the administration and
enforcement undertaken pursuant to this chapter and the Code shall
be established by the governing body by resolution from time to time.
This will include all fees for building permits and building code
activities.
This chapter shall be effective on April 9,
2004.
[Adopted 3-27-2008 by Ord. No. 856]
A.
Intent. The intent of this article is to inform the
Borough property owners on construction of structures that do not
require permits under the Pennsylvania UCC for construction purposes.
Furthermore, the Borough requires a building permit for the construction
activities set forth in this article to ensure compliance with the
zoning requirements for lot coverage and setbacks as well as the safety
of the structure being constructed.
B.
Applicability. It shall be unlawful for any person,
partnership or business or corporation to undertake, or cause to be
undertaken, the construction, renovation or repair of any agricultural
building, manufactured housing, recreational cabin, accessory or miscellaneous-use
structure less than 1,000 square feet which is nonhabitable anywhere
within the Borough unless an approved building permit has been obtained
from the Borough.
C.
Abrogation and greater restrictions. This article
supersedes any provisions currently in effect. However, any underlying
ordinance shall remain in full force and effect to the extent that
those provisions are more restrictive.
D.
Municipal liability. This article shall not create
liability on the part of the Borough or any officer or employee thereof
for any damages that result from reliance on this article or any administrative
decision lawfully made hereunder.
A.
Application procedures. Application for such a building
permit shall be made in writing to Sayre Borough or its designated
Building Official, the Athens-Sayre Joint Code Enforcement Agency,
on forms provided by Athens-Sayre Joint Code Enforcement Agency. Such
application shall contain at least the following:
(1)
Name, address and phone number of the applicant.
(2)
Name, address and phone number of the owner of land
on which proposed construction is to occur.
(3)
Name, address and phone number of contractor.
(4)
Site location.
(5)
Brief description of proposed work and estimated cost.
(6)
A plan of the site showing the size and location of
the proposed construction as well as any existing buildings or structures,
with setback dimensions as well as all measurements of the improvements.
(7)
Project start date.
(8)
Total cost or value of project.
(9)
If a driveway request, must obtain either Borough
or PennDot approval.
B.
Issuance of building permit.
(1)
Sayre Borough or its designated Building Official,
the Athens-Sayre Joint Code Enforcement Agency, shall issue a building
permit only after it has been determined that the proposed work to
be undertaken will be in conformance with the requirements of this
and all other applicable codes or ordinances.
(2)
After the issuance of a building permit, no changes
of any kind shall be made to the application, building permit, or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the municipality.
C.
Start of construction. Work on the proposed construction
shall begin within six months from the date of issuance of the building
permit. The proposed construction shall be completed within 18 months
after the date of issuance of the Building Permit. Construction shall
be considered to have started with the first placement of permanent
construction to the site, such as the pouring of slabs or footings
or any work beyond the stage of excavation. For a structure without
a basement or poured footings, the start of construction includes
the first permanent framing or assembly of the structure or any part
thereof on its pilings or foundation or the affixing of any prefabricated
structure to its permanent site. Permanent construction does not include
land preparation, land clearing, grading, filling, excavation for
basement, footings, piers or foundations, erection of temporary forms,
or installation of piling under proposed subsurface footings.
D.
Fees. A project permit fee schedule has been established
by resolution by the Borough Council.
Any person who fails to comply with any or all
of the requirements or provisions of this article or who fails or
refuses to comply with any notice, order, or direction of the Building
Official or any other authorized employee of the Borough shall be
guilty of an offense and, upon conviction, shall pay a fine to the
Borough of not less than $25 nor more than $600, plus costs of prosecution.
In addition to the above penalties, all other actions are hereby reserved,
including an action in equity for the proper enforcement of this article.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this article shall not excuse the violation or noncompliance
or permit it to continue, and all such persons shall be required to
correct or remedy such violations and noncompliances within a reasonable
time.
Unless specifically defined below, words and
phrases used in this article shall be interpreted so as to give this
article its most reasonable application.
A.
AGRICULTURAL BUILDING
CONSTRUCTION
MANUFACTURED HOUSING
STRUCTURE
Specific definitions.
A structure utilized to store farm implements, hay, feed,
grain or other agricultural or horticultural products or to house
poultry, livestock or other farm animals. The term shall not include
habitable space or spaces in which agricultural products are processed,
treated or packaged and shall not be construed to mean a place of
occupancy by the general public.
The construction or relocation of a building or structure.
Under Section 901(a) of the act [35 P.S. § 7210.901(a)],
housing which bears a label as required by and referenced in the Manufactured
Housing Act (35 P.S. §§ 1656.1 to 1656.9), certifying
that it conforms to federal construction and safety standards adopted
under the National Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C.A §§ 5401 to 5426).
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, sheds and
other similar items.
B.
Recreational cabins.
(1)
Must be equipped with at least one smoke detector,
one fire extinguisher and one carbon monoxide detector in both the
kitchen and sleeping quarters. In addition to the state requirement,
the Borough requires compliance with the National Fire Protection
Agency (NFPA) Fire Alarm Code 72.
(2)
The cabin owner files with Sayre Borough or its designated
Building Official, the Athens-Sayre Joint Code Enforcement Agency,
either:
(a)
An affidavit on a form prescribed by the Pennsylvania
Department of Labor and Industry attesting to the fact that the cabin
meets the definition of a "recreational cabin" in Section 103 of the
Pennsylvania Uniform Construction Code; or
(b)
A valid proof of insurance for the recreational
cabin, written and issued by an insurer authorized to do business
in this commonwealth, stating that the structure meets the definition
of a "recreational cabin" in Section 103 of the Pennsylvania Uniform
Construction Code.
(3)
If a recreational cabin is subject to exclusion under
Subsection B(7),[1] upon transfer of ownership of the recreational cabin,
written notice must be provided in the sales agreement and deed that
the recreational cabin is:
(a)
Exempt from the UCC Act.
(b)
May not be in conformance with the UCC.
(c)
Is not subject to municipal regulation.
[1]
Editor's Note: So in original.
(4)
Failure to comply with the notice requirement shall
render the sale voidable at the option of the purchaser.
[Amended 4-24-2014 by Ord. No. 907]
Building permits shall be required for construction
and follow the project permit fee schedule established by resolution
by the Borough Council for any of the following activities for informational
purposes only.
A.
One- and two-family dwellings and recreational cabins
that meet the provisions set by Senate Bill 1139.
B.
New dwellings or a change in the footprint of an existing
one- or two-family dwelling.
C.
Detached one- and two-family dwelling accessory structures
— carports, private garages, greenhouses, toolshed, storage
sheds, and pool house shed, gazebos, workshops, and similar use buildings
— regardless of size as determined by the Code Officer.
D.
Agricultural building, a structure utilized to store
farm implements, hay, feed, grain or other agricultural or horticultural
products or to house poultry, livestock or other farm animals. The
term shall not include habitable space or spaces in which agricultural
products are processed, treated or packaged and shall not be construed
to mean a place of occupancy by the general public, including poll
barns.
E.
Premanufactured or industrialized housing which bears
a label indicating compliance to the Manufactured Housing Construction
and Safety Standards Act: footings/foundation, utility/site connections
and any attached structures that have not been inspected during the
dwelling manufacturing process (i.e., attached garage built on site).
F.
All fences.
G.
All retaining walls four feet or over in height.
H.
Installation of all decks, porches, steps, and stoops.
I.
Sidewalks and driveways.
J.
Prefabricated swimming pool, accessory to residential
occupancy, that is more than 18 inches deep regardless of size and
regardless of material, including plastic, vinyl, inflatable, or any
other material.
K.
Remodeling and repairs to existing residential building:
(1)
Only if they enlarge, move, demolish, or change the
use of the occupancy.
(2)
Cutting away a structural wall, structural partition
or portion of a structure wall.
(3)
The removal or cutting of any structural beam or load-bearing
support.
(4)
The removal or change of any required means of egress,
or rearrangement of parts of a structure affecting the egress requirements
(stairways, ramps, exterior exit balconies, hallways, required egress
windows and doors).
(5)
Including but not limited to the replacement of a
roof and the required construction for said replacement.
(6)
Including but not limited to the replacement of siding
and the required construction for said replacement.
L.
Window awnings: window awnings on commercial buildings
that are over 48 inches in width.
M.
Replacement windows when more than five windows are
being replaced at one time or the total cost of the replacement is
greater than $1,000 regardless of the number.
N.
Residential alteration creating a habitable basement
where it was only used for storage or mechanical purposes before,
including improvements that do not change an existing means of egress
or that is not a structural alteration.
O.
Demolitions (with and without foundations).
P.
Chimney (new construction and inspection of existing chimney).
Q.
Solar panels.
R.
Parking lots.
S.
Hot tubs.
