Township of Shirley, PA
Huntingdon County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Shirley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement of uniform construction code — See Ch. 23, Art. III.
[Adopted 12-19-1975 by Ord. No. 1975-1]
A. 
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, the construction, reconstruction, enlargement, alteration, or relocation of any building or structure, or an earthmoving activity affecting five or more acres of land unless an approved building permit has been obtained from the Municipal Building Permit Officer.
B. 
A building permit shall not be required for repairs to existing buildings or structures, provided that no structural changes or modifications are involved.
For the purpose of this article, the following definitions shall apply:
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.
PERSON
Any person, persons, partnership, business or corporation.
STRUCTURE
A combination of materials to form anything permanently affixed to or in the ground or to any other building or structure permanently affixed to or in the ground. Included shall be such things as driveways, carports, porches, swimming pools, etc.
Application for such a building permit shall be made in writing to the Building Permit Officer on forms supplied by the municipality. Such application shall contain at least the following:
A. 
Name and address of applicant.
B. 
Name and address of owner of land on which proposed construction is to occur.
C. 
Name and address of contractor.
D. 
Site location.
E. 
Brief description of proposed work and estimated cost.
F. 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
The Building Permit Officer shall issue a building permit only after it has been determined that the proposed construction will be in conformance with all applicable requirements and regulations.
After the issuance of a building permit by the Building Permit Officer, no changes of any kind shall be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Building Permit Officer.
In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Building Permit Officer.
Work on the proposed construction shall begin within six months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Permit Officer. Construction shall be considered to have started with the first placement of permanent construction on 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 or mobile home 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; the installation of piling under proposed subsurface footings; or the installation of sewer, gas, and water pipes, or electric or other service lines from the street.
During the construction period, the Building Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. In the event the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Building Permit Officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
A. 
Applications for a building permit shall be accompanied by a fee, payable to the municipality, based upon the estimated cost of the proposed construction as determined by the Building Permit Officer at the following rates:
Estimated Cost
Fee
$0.00 to $1,500.00
$0.00
$1,500.01 to $5,000.00
$20.00
$5,000.01 to $20,000.00
$30.00
$20,000.01 to $50,000.00
$40.00
$50,000.01 to $100,000.00
$1.00 per $1,000.00 of estimated cost
Over $100,000.00
$1.50 per $1,000.00 of estimated cost
B. 
Moving of buildings: $15.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person aggrieved by the Building Permit Officer's estimate of the cost of the proposed construction may appeal to the Board of Supervisors. Such appeal must be filed, in writing, within 30 days after the determination by the Building Permit Officer. Upon receipt of such appeal, the Board of Supervisors shall set a time and place not less than 10 nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination of the estimated cost by the Board of Supervisors shall be final in all cases.
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 Permit Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to Shirley Township of not less than $25 nor more than $100 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days. Each day during which any violation of this article continues shall constitute a separate offense. 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. Any structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this article may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
[Adopted 6-24-2004 by Ord. No. 2004-4]
Shirley Township, Huntingdon County, Pennsylvania 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.
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 Shirley Township, Huntingdon County, Pennsylvania.
Administration and enforcement of the code within Shirley Township, Huntingdon County, Pennsylvania shall be undertaken in any of the following ways as determined by the governing body of Shirley Township, Huntingdon County, Pennsylvania from time to time by resolution:
A. 
By the designation of an employee of Shirley Township, Huntingdon County, Pennsylvania to serve as the municipal code official and to act on behalf of Shirley Township, Huntingdon County, Pennsylvania;
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of Shirley Township, Huntingdon County, Pennsylvania;
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 Shirley Township, Huntingdon County, Pennsylvania;
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 the governing body of Shirley Township, Huntingdon County, Pennsylvania 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 Shirley Township, Huntingdon County, Pennsylvania 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 to the comparable provisions of the code.
C. 
All relevant ordinances, regulations and policies of Shirley Township, Huntingdon County, Pennsylvania not governed by the code shall remain in full force and effect.
Fees assessable by Shirley Township, Huntingdon County, Pennsylvania for the administration and enforcement undertaken pursuant to this article and the code shall be established by the governing body by resolution from time to time.