[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 6-7-2004
by Ord. No. 3-04. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 34.
Code enforcement — See Ch. 36.
Electrical standards — See Ch. 41.
Property maintenance — See Ch. 42.
Fire prevention — See Ch. 51.
Grass, weeds and other vegetation — See Ch. 54.
Mechanical standards — See Ch. 63.
Plumbing — See Ch. 75.
Subdivision and land development — See Ch. 96.
The Pennsburg Borough hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101
to 7210.1103, as amended from time to time, and its regulations.
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 Pennsburg Borough.
Administration and enforcement of the Code within Pennsburg Borough
shall be undertaken in any of the following ways, as determined by Pennsburg
Borough Council, from time to time, by resolution:
A.
By the designation of an employee of Pennsburg Borough
to serve as the municipal code official to act on behalf of Pennsburg Borough;
B.
By the retention of one or more construction code officials
or third-party agencies to act on behalf of Pennsburg 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 other municipality for
the administration and enforcement of this Act on behalf of Pennsburg 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 Pennsburg 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 shall be established by
joint action of the participating municipalities.
A.
All building code ordinances or portions of ordinances
which were adopted by Pennsburg Borough 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
Pennsburg Borough not governed by the code shall remain in full force and
effect.
Fees assessable by the Borough of Pennsburg for the administration and
enforcement undertaken pursuant to this chapter and the code shall be established
by Pennsburg Borough Council by resolution from time to time.
Any person who fails to comply with the provisions of this code or fails
to carry out an order made pursuant to this code or who violates any condition
attached to a permit, approval or certificate shall, upon conviction thereof,
be guilty of a summary offense punishable by a fine of not less than $100
nor more than $1,000. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
A.
Any and all ordinances which conflict herewith are hereby
repealed.
B.
The provisions of this chapter, so far as they are the
same as those of ordinances and regulations in force immediately prior to
the enactment of this chapter, are intended as a continuation of such ordinances
and regulations and not as new enactments. The provisions of this chapter
shall not affect any act done or liability incurred, nor shall they affect
any suit or prosecution pending or to be instituted to enforce any repealed
ordinances or regulations.
