[Adopted 12-2-1996 by Ord. No. 1996-6]
[Added 5-24-2001 by Ord. No. 2004-8]
A. This Municipality hereby elects to administer and
enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103,
as amended from time to time, and its regulations.
B. The Uniform Construction Code, contained in 34 Pa.
Code, Chapters 401 through 405, as amended from time to time, is hereby
adopted and incorporated herein by references as the municipal building
code of this Municipality.
C. 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:
(1) By the designation of an employee of the Municipality
to serve as the municipal code official to act on behalf of the Municipality;
(2) By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Municipality;
(3) By agreement of one or more municipalities for the
joint administration and enforcement of this Act through an intermunicipal
agreement;
(4) By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of the
Municipality;
(5) 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.
D. A Board of Appeals shall be established by resolution
of the governing body of this Municipality 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 shall be established by
joint action of the participating municipalities.
E. Effect on other ordinances.
(1) 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.
(2) All building code ordinances or portions of ordinances
which are in effect as of the effective date of this section and whose
requirements are less than the minimum requirements of the Code are
hereby amended to conform with the comparable provisions of the Code.
(3) All relevant ordinances, regulations and policies
of this Municipality not governed by the Code shall remain in full
force and effect.
F. Fees assessable by the Municipality for the administration
and enforcement undertaken pursuant to this section and the Code shall
be established by the governing body by ordinance from time to time.
[Amended 5-24-2004 by Ord. No. 2004-7]
The Town Council of the Municipality of Kingston does hereby repeal former Municipal Code §
60-1 relating to the BOCA National Building Code.
[Added 5-24-2004 by Ord. No. 2004-9; amended 3-1-2010 by Ord. No. 2010-2; 5-2-2011 by Ord. No. 2011-1]
A. Where the
total valuation of construction work is in the following ranges, the
corresponding fee is as follows:
|
Value of Construction
|
Fee
|
---|
|
$0 to $499.99
|
$40
|
|
$500 to $2,499.99
|
$75
|
|
$2,500 to $4,999.99
|
$100
|
|
$5,000 to $7,499.99
|
$125
|
|
$7,500 to $10,000
|
$150
|
|
For each $1,000 or portion thereof of work involved over and
above the sum of $10,000, an additional fee of $10 per $1,000 shall
be charged.
|
B. In addition
to the fees set forth in the foregoing schedule, any fee imposed by
the Commonwealth of Pennsylvania is assessed.
C. Permit fees,
exclusive of the Commonwealth of Pennsylvania imposition, are doubled
for work started prior to required permits being obtained.
D. The amount
of the permit fee for each construction value range and the administrative
fee may be amended from time to time by resolution of Kingston Council.
It is the intention of the Town Council of the
Municipality of Kingston that the provisions of this Article shall
become and be made a part of the Building Code heretofore adopted
by the municipality and, in pursuance thereof, the sections of this
Article may be renumbered or relettered to accomplish such intention,
and that the word "ordinance" may thereupon be changed to "section,"
"Article" or other wording.
Any person, partnership, association or corporation
violating any of the provisions of this Article shall, upon conviction
thereof, be sentenced to pay a fine not to exceed the sum or amount
of $500. Each day that any such violation shall continue unabated
shall constitute a separate offense hereof.
A full and complete copy of this Article shall, upon adoption thereof in accordance with the provisions of the Home Rule Charter of the Municipality of Kingston, be furnished by the Municipal Administrator to all licensed building contractors conducting business within the municipality, as well as to all architectural and engineering firms located within Luzerne County, Pennsylvania, insofar as such architectural and engineering firms are known to the Municipal Administrator and the municipality's Zoning and Code Enforcement Officer. Additionally, the municipality's Zoning and Code Enforcement Officer shall provide a copy of this Article at the time application is made for a permit to construct any structure or structures designated in §
60-5A of this Article or for the remodeling, alteration or expansion thereof as provided in §
60-5B hereof.