[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-28-2004 by Ord. No. 674 (Ch. V, Part 3, of the
1975 Borough Code)]
This article shall be known and may be cited as the "Borough
of Palmyra Construction Code Ordinance," and may be referred to herein
as the "Code," and hereby amends the applicable Code of the municipality.
The purpose of this article is to promote the general health,
safety and welfare of the residents of the Borough of Palmyra, to
conform to the requirements of the Pennsylvania Uniform Construction
Code Act,[1] to comply with the regulations issued by the Pennsylvania
Department of Labor and Industry within the Pennsylvania Uniform Construction
Code (UCC), including all standards, codes and other information incorporated
herein, and to adopt administrative and enforcement regulations.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
The Borough of Palmyra (hereinafter sometimes referred to as
"municipality") hereby adopts and incorporates by reference the Pennsylvania
Uniform Construction Code, as contained in 34 Pa. Code, Chapters 401
through 405, and amendments thereto, and declares this to be the Borough
of Palmyra Construction Code Ordinance, referred to herein as "the
code."
The code and regulations shall control all matters concerning
the construction, alteration, addition, repair, removal, demolition,
location, occupancy and maintenance of all buildings and structures
and shall apply to existing or proposed structures, unless exempted
by the Pennsylvania Uniform Construction Code (UCC). All other ordinances
of the municipality which are more stringent shall apply. It shall
be the joint responsibility of the owner, lessee, if any, and the
contractor to obtain the required code permit before performing any
work.
In accordance with and in addition to the administrative provisions
of the Pennsylvania Construction Code Act 45 of 1999,[1] the Pennsylvania Uniform Construction Code (UCC) and the
Pennsylvania Department of Labor and Industry Regulations, the following
administrative and enforcement requirements shall be part of the code:
A.
Administration.
(1)
The administration and enforcement of the code and Pennsylvania Department
of Labor and Industry regulations shall be performed by the Building
Code Official. Borough Council may appoint a person or third party
agency to serve as the Building Code Official to fulfill all of the
duties set forth in this article and in the regulations of the Pennsylvania
Department of Labor and Industry. The Building Code Official shall
have such certifications as required by the regulations of the Pennsylvania
Department of Labor and Industry to review plans and perform inspections.
[Amended 6-28-2010 by Ord. No. 723]
(2)
The Building Code Official shall have all the powers and duties set
forth in the Pennsylvania Uniform Construction Code (UCC), this article,
and the Pennsylvania Department of Labor and Industry regulations.
Specifically, in addition to such other powers and duties provided,
the Building Code Official shall be authorized to receive code permit
applications; issue or deny code permits; collect fees for permits,
plan reviews and inspections; make inspections and require such work
to be performed as may be necessary to carry out the provisions of
the code; issue certificates of occupancy; and enter buildings and
premises within normal business hours or at other times with permission
of the owner or contractor. Additionally, the Building Code Official
may perform code enforcement activities, including, but not limited
to, issuance of notices of violation, stop-work orders, vacate orders
or other legal action necessary to enforce, restrain, abate or correct
violations of the code.
[Amended 6-28-2010 by Ord. No. 723]
(3)
The application for a code permit shall be on forms provided by the
Building Code Official. At the time of code permit application and
prior to issuance of a code permit, the applicant shall submit to
the Building Code Official two sets of construction documents with
plans and specifications, all required fees, and a copy of any required
zoning permit. No code permit application shall be deemed complete
without the required construction plans, fees, zoning permit copy
and other required approvals. Additionally, the applicant shall pay
all outstanding permit and inspection fees required during the course
of construction prior to the issuance of a certificate of use and
occupancy.
(4)
The application, plan review, permit and inspection fees shall be
paid by each applicant in accordance with the fee schedule established
by resolution of this municipality and maintained by the Building
Code Official.
(5)
A Board of Appeals shall be established by resolution of this municipality
in conformity with the requirements of the code. Where two or more
municipalities decide to establish a joint Board of Appeals, said
Board of Appeals shall be established through joint action of the
participating municipalities, by intermunicipal agreement in accordance
with the Intergovernmental Cooperation Act.[2]
[2]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
B.
Violations and penalties.
(1)
It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, remove, demolish, use or occupy
any building, structure or equipment regulated by this code, or to
permit or cause same to be done, in conflict with or in violation
of this code, and in violation of the regulations adopted hereunder.
(2)
The Building Code Official may serve and enforce a notice of violation,
stop-work order, vacate order or other lawful enforcement notice on
any person responsible for the erection, construction, alteration,
extension, repair, removal, demolition, use or occupy a building,
structure or equipment in violation of the provisions of this code
or any permit issued under the provisions of this code.
(3)
If the Building Code Official has served a notice of violation and
the notice of violation is not complied with by the deadline prescribed,
summary enforcement proceedings may be initiated by the Building Code
Official against the violator. Additionally, appropriate proceedings
at law or in equity may be instituted by this municipality and/or
the Building Code Official to restrain, correct or abate a violation,
to prevent unlawful construction or to prevent illegal occupancy of
a building, structure or premises.
(4)
Any person who shall violate a provision of this code or the regulations
adopted hereunder or who shall fail to comply with any of the requirements
thereof or who shall erect, construct, alter, extend, repair, remove,
demolish, use or occupy, or permit the use or occupancy of, any building,
structure or equipment regulated by this code in violation of the
provisions of this code or of an approved plan or of a directive of
the Building Code Official or of a permit or certificate issued under
the provision of this code or who shall permit the use, occupancy,
erection, construction, alteration, extension, removal, demolition
or repair of the building, structure or equipment in violation thereof,
shall, upon being found guilty in a summary enforcement proceeding
commenced by this municipality or its appointed Building Code Official,
pay a penalty of not less than $400 and not more than $1,000 for each
violation, plus all costs of prosecution, which fines or penalties
may be collected as provided by law. Each day that a violation continues
shall be deemed a separate offense, and each section of the code which
is violated shall be deemed a separate offense. The Building Code
Official may request the Police Department to make arrests for any
offense against the code or orders of the Building Code Official affecting
the immediate safety of the public.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
