[Adopted 7-7-2004 by Ord. No. 2004-165 (Ch. 5, Part 2, of
the 1984 Code of Ordinances)]
Jacobus 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 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of Jacobus Borough.
Included in the provisions adopted hereby are the following appendixes:
Administration and enforcement of the code within Jacobus Borough
shall be undertaken in any of the following ways as determined by
the Borough Council of Jacobus Borough from time to time by resolution:
A.
By the designation of an employee(s) of Jacobus Borough to serve
as the municipal code official(s) to act on behalf of Jacobus Borough;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Jacobus 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 another municipality for the administration
and enforcement of this Act on behalf of Jacobus Borough;
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other that one-family or two-family dwelling units and
utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution of the
Borough Council of Jacobus Borough 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 Jacobus 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 article 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 the municipality
not governed by the code shall remain in full force and effect.
Fees assessable by Jacobus Borough for the administration and
enforcement undertaken pursuant to this article and the code shall
be established by the Borough Council of Jacobus Borough and may be
amended by resolution from time to time.
[Added 10-5-2005 by Ord. No. 2005-175; amended 7-3-2013 by Ord. No.
2013-3]
Any person, business entity or corporation who violates a provision of the Uniform Construction Code, as adopted and amended by the Borough of Jacobus, or who fails to comply with any of the requirements thereof or who otherwise fails to comply with any of the requirements of this Article III shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation(s) continues shall be a separate violation of this article.
