Enforcement of codes. The Codes Enforcement Officer
or his authorized representative shall enforce and administer all
of the provisions of this article, any building and housing code adopted
by the Borough, and other applicable codes and ordinances which establish
the Codes Enforcement Officer or the office of Code Enforcement, or
its equivalent, as the official administration and enforcement authority.
Duties. The duties of the Codes Enforcement Officer
shall include the receipt of applications and issuance of permits
for the erection, addition to, alteration, repair, removal, demolition,
installation of service equipment (plumbing, electrical, mechanical),
and structures; the issuance of all necessary notices and orders to
abate illegal or unsafe conditions to insure compliance with this
article, and those other applicable codes and/or ordinances for the
safety, health and general welfare of the public; the making of inspections
to determine compliance with the applicable codes and ordinances;
the undertaking of investigations, and other activities as may be
required.
Right of entry. Except in case of an emergency or
mutually convenient time agreed to by the Codes Enforcement Officer
or his authorized representative in discharging his duties to safeguard
the safety, health and welfare of the public and upon showing proper
identification where requested, the Codes Enforcement Officer is hereby
authorized to enter and inspect between the hours of 7:00 a.m. and
7:00 p.m. any structure or premises in the Borough to enforce the
provisions of this article and of those other applicable codes and
ordinances. Every occupant, owner or operator of a structure or premises
or their agent or employee shall give access to any part of such structure
or its premises at reasonable times for the purpose of making such
inspection, maintenance, repairs, or alterations as are necessary
to comply with the provisions of this code. Failure to provide access
at such reasonable time shall be considered a violation of this article.
Required inspections. After issuing a permit, the
Codes Enforcement Officer or designated inspection agency shall conduct
such required inspections from time to time and upon completion of
the work for which a permit has been issued. The Codes Enforcement
Officer shall provide the applicant with a list of all the inspections
that must be made before any final inspection. A record of all such
examinations and inspections and of all violations of this code shall
be maintained by the Codes Enforcement Officer. Upon completion of
the building or structure, and before the issuance of the certificate
of use and occupancy, a final inspection shall be made and all violations
of the approved plans and permits shall be abated. No new building
or portion of an existing building which is enlarged or altered shall
be used or occupied in whole or in part, until such certificate of
use and occupancy shall have been issued by the Codes Enforcement
Officer.
Accounting. The Codes Enforcement Officer shall keep
an accurate account of all fees collected; and such collected fees
shall be deposited with the Borough or otherwise disposed of as required
by law.
No structure shall be erected, constructed, reconstructed,
extended, moved or razed until a building permit has been secured
from the Codes Enforcement Officer. Permits shall be required in all
cases except:
Alterations when there is no increase in ground floor
exterior dimension and no change in use, including new facing, replacement
siding, chimneys, etc.;
Where work, for which a permit is required by the
code, is started or proceeded with prior to obtaining said permit,
the fee shall be doubled, but payment of such double fee shall not
relieve any person from fully complying with the requirements of the
code in the execution of the work nor from any penalties prescribed
by the code.
Forms of application. The application for a permit
shall be submitted in such form as the Codes Enforcement Officer may
prescribe and shall be accompanied by the required fee pursuant to
the fee schedule.
By whom application is made. The responsibility for
applying for and obtaining a required permit rests jointly with the
owner or occupant and the person or persons doing the work. The full
name and address or the owner, lessee, applicant and/or the responsible
officers, if the owner or lessee is a corporate body, shall be stated
in the application.
Description of work. The application shall contain
a general description of the proposed work, its location, the use
and occupancy of all parts of the building or structure and of all
portions of the site or lot not covered by the building or structure,
number, location and design of parking and loading spaces and such
additional information as may be required by the Codes Enforcement
Officer.
Plans and specifications. The application for the
permit shall be accompanied by two copies of specifications and of
plans, drawn to scale, with sufficient clarity and detailed dimension
to show the nature and character of the work performed. When quality
of materials is essential for conformity to the codes, specific information
shall be given to establish such quality; and the code shall not be
cited, or the term "legal" or its equivalent be used as a substitute
for specific information. The Codes Enforcement Officer may waive
the requirement for filing plans when the work involved is a minor
nature. If in the course of work it is found necessary to make any
changes from the approved plans and specifications on which a permit
has been issued, amended plans and specifications shall be submitted
and, if approved, a supplementary permit shall be issued to cover
the change after the same conditions required to secure the original
permit have been satisfied.
Site plan. There shall also be a site plan showing,
to scale, the size and location of all the new construction and all
existing structures and the site distances from lot lines, the established
street grades and the proposed finished grades; and it shall be drawn
in accordance with an accurate boundary line survey. In case of demolition,
the plot plan shall show all construction to be demolished and the
locations and size of all existing structures and the plan shall show
the location of water service and sewer connections with respect to
any building in which a plumbing system is to be installed. Vent stack
terminations shall be shown with respect to building ventilation openings
which could allow introduction of sewer gases into the building or
any adjacent building.
Engineering details. The Codes Enforcement Officer
may require adequate details of structural, mechanical, plumbing and
electrical work to be filed, including computations, stress diagrams
and other essential technical data. All engineering plans and computations
shall bear the signature of the engineer or architect responsible
for the design. Plans for building more than two stories of height
shall indicate where penetrations will be made for electrical, mechanical,
plumbing and communications conduits, pipes and systems and the materials
and methods for maintaining the required structural integrity, fire
resistance rating and fire-stopping.
Other permits required. At the time of filing an application
for a permit, the applicant shall present to the Codes Enforcement
Officer evidence that he has obtained all necessary permits, licenses,
approvals and/or variances as may be required by the laws of the Borough
and the Commonwealth. Individuals, agencies, boards and commissions
issuing aforesaid permits, licenses, approvals and/or variances shall
include, but not be limited to, the Zoning Officer or Zoning Hearing
Board, Director of Public Works, County Planning Commission, Sewage
Enforcement Officer, Fire Chief, State Police Fire Marshal, Pennsylvania
Department of Labor and Industry and the Pennsylvania Department of
Community and Economic Development.
Action on applications. The Codes Enforcement Officer
shall examine said application to determine compliance with those
other applicable codes and ordinances of the Borough and shall, within
30 days after filing, either approve or reject said application. If
said application is rejected, the Codes Enforcement Officer shall
inform the applicant, in writing, stating the reasons for such rejection.
If the Codes Enforcement Officer is satisfied that the proposed work
conforms to the requirements of the applicable codes, the Codes Enforcement
Officer shall issue a permit therefor as soon as possible.
Permits for uses requiring approval as a subdivision
or land development under the New Freedom Borough Subdivision and
Land Development Ordinance shall be rejected by the Codes Enforcement
Officer until approval of such subdivision or land development has
been received.
Compliance with codes. The permit shall be a license
to proceed with the work and shall not be construed as authority to
violate, cancel or set aside the application. All work shall conform
to the approved application and plans for which the permit has been
issued and any approved amendments thereto.
Signature on permit. The Codes Enforcement Officer's
signature shall be attached to every permit; or the Codes Enforcement
Officer may authorize a subordinate to affix such signature thereto.
Payment of fees. A permit to begin work shall not
be issued until the fee prescribed by resolution adopted by the New
Freedom Borough Council has been paid as well as any other fee or
charge that is due and owing to the Borough by the owner. Nor shall
an amendment to a permit necessitating an additional fee because of
additional work involved be issued until the additional fee shall
have been paid.
Permit expiration dates. Any construction requiring
a building permit shall be commenced within six months and completed
within one year from date of issuance of a permit. However, the right
to proceed with construction may be extended annually for an aggregate
period of three years, provided payment of any additional required
fees are paid and provided the construction or change pursuant to
said permit has commenced within the initial six-month period. If
construction has not commenced within the six-month period, the applicant
must reapply for a building permit, paying a new application fee and
meeting any additional requirements of Borough ordinances passed in
the intervening period. Any extensions of the life of the permit beyond
the three-year period may be done only by special exception of the
Zoning Hearing Board.
Revocations of permits. The Codes Enforcement Officer
may revoke a permit or approval issued under the provisions of the
codes in case of any false statement or misrepresentation of fact
in the application or on the plans on which the permit or approval
was based.
Posting of permit. A true copy of the building permit
and placard shall be kept on the site of operations open to public
inspection during the entire time of prosecution of the work and until
the completion of the same.
Notice of inspection. At least 24 hours' notice in
advance for required inspections indicated on the permit shall be
given to the Codes Enforcement Officer or certified inspection agency.
No permit shall be issued for the construction or
alteration of any building or structure within the right-of-way limits
of any street or highway, with the exception of drainage structures,
curbing, or pavement that are called for as part of any approved subdivision
or land development plan, or otherwise approved by Borough Council.
No permit shall be issued for the construction or
alteration of any building or structure unless such construction or
alteration conforms to required building setback lines.
If required upon an applicable and approved subdivision
or land development plan, no permit shall be issued for the building
or alteration of any building or structure unless surface drainage
of the land, as required, is provided for.
No permit shall be issued for the building or alteration
of any building or structure upon land in a subdivision unless and
until a final plan of such subdivision shall have been approved and
properly recorded.