[Ord. 845, 6/17/2004, § 1]
This Part shall be known and may be cited as the Elizabethtown
Borough Construction Code Ordinance.
[Ord. 845, 6/17/2004, § 1]
1. By Act 45 of 1999, the Pennsylvania Legislature provided for the
adoption of a Pennsylvania Uniform Construction Code and directed
the Department of Labor and Industry to promulgate regulations for
the Uniform Construction Code. In 2002, the Department of Labor and
Industry adopted final regulations governing certification and training
of persons to administer the Uniform Construction Code, and on January
10, 2004, the Department issued final regulations for the administration
of the Uniform Construction Code. The Uniform Construction Code incorporates
the International Building Code, 2003, the International Residential
Code, 2003, the International Existing Building Code, 2003, the standards
incorporated into such publications by reference, and other publications
as set forth in the L & I Regulations. Borough Council desires
to adopt and administer the Pennsylvania Uniform Construction Code
and establish administrative and enforcement regulations.
2. In accordance with § 302(a) of the Pennsylvania Construction
Code Act, this Part does not adopt the International Property Maintenance
Code and shall not be considered as a property maintenance code. All
Borough regulations governing the maintenance of properties shall
be in ordinances separate and distinct from the Elizabethtown Borough
Construction Code.
[Ord. 845, 6/17/2004, § 1]
The Borough hereby adopts the standards which the Pennsylvania
Department of Labor and Industry has made part of the Pennsylvania
Uniform Construction Code identified in § 403.21 of the
L & I Regulations as the Elizabethtown Borough Construction Code
with the following additions to the International Building Code, 2003:
A. Section 202, Definitions, shall be amended by inserting the following
definitions in alphabetical order:
BOROUGH
The Borough of Elizabethtown, Lancaster County, Pennsylvania.
BUILDING CODE OFFICIAL
A Borough official certified by L & I under § 103
of the Pennsylvania Construction Code Act. The term includes an individual
certified in a category established under Chapter 401 of the L &
I Regulations to manage building code enforcement activities, supervise
building inspectors or plans examiners, issue building permits, occupancy
permits, notice of violations and orders to vacate, and initiate prosecutions.
CONSTRUCTION CODE OFFICIAL
A Borough official or a third party agency appointed by the
Borough certified by L & I under Section 103 of the Pennsylvania
Construction Code Act in an appropriate category established under
Section 701(b) of the Pennsylvania Construction Code Act to perform
plan review of construction documents, inspect construction or administer
and enforce codes and regulations in that category under the Pennsylvania
Construction Code Act or related statutes.
DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
INTERMUNICIPAL AGREEMENT
The agreement among Conoy Township, East Donegal Township,
Elizabethtown Borough, Marietta Borough, Mount Joy Township and West
Donegal Township dated as of July 1, 2002, establishing, inter alia,
the Donegal-Elizabethtown Area Appeals Board.
L & I
The Department of Labor and Industries of the Commonwealth
of Pennsylvania.
L & I REGULATIONS
All regulations adopted by L & I to implement the Pennsylvania
Construction Code Act.
THIRD PARTY AGENCY
A person or firm duly appointed by Borough Council to act
as the Construction Code Official in the administration of this Construction
Code.
B. Section 1612.3 is amended by inserting "Elizabethtown Borough" and
"October 1977, as revised in 2004-2005" in the respective blanks.
C. Section 3410.2 is amended by inserting the date of July 8, 2004,
for residential dwellings and July 8, 2004. for nonresidential structures.
[Ord. 845, 6/17/2004, § 1]
The Borough hereby adopts the provisions of Chapter
1, Administration, of the International Building Code, 2003 and the provisions of the L & I regulations set forth below to govern administration and enforcement of the Elizabethtown Borough Construction Code. The administrative provisions of other codes which L & I has made part of the DCC, including but not limited to the International Residential Code, 2003, are not part of the Elizabethtown Borough Construction Code. The provisions of this Construction Code govern if there is a conflict with the provisions of the Codes set forth in § 403.21 of the L & I Regulations or the L & I Regulations relating to administration or enforcement. Changes from the International Building Code, 2003, Chapter
1, and the L & I Regulations to the Elizabethtown Borough Construction Code are as follows:
A. Section 101.1. Insert "Borough of Elizabethtown, Lancaster County,
Pennsylvania."
B. Section 101.2 shall provide as follows:
101.2. Scope. These 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
except as such matters are otherwise provided for in other ordinances
or statutes, including but not limited to the Borough Zoning Ordinance,
Subdivision and Land Development Ordinance, Stormwater Management
Ordinance or in the rules and regulations authorized for promulgation
under the provisions of this Construction Code. Whenever there is
a conflict between the provisions of this Construction Code and any
other Borough Ordinance, including but not limited to the Zoning Ordinance,
it is the intent of Borough Council that the more stringent requirement
shall apply. All construction which the Pennsylvania Construction
Code Act or the L & I Regulations exempt from compliance with
the Uniform Construction Code are exempt from the provisions of this
Construction Code. Items exempted from compliance with the Uniform
Construction Code by Sections 403.1(b) and 403.1(e) of the L &
I Regulations do not have to comply with the Construction Code but
shall comply with all other applicable Borough Ordinances.
C. Section 101.3 shall be amended by adding the following sentence to
the existing section:
It is the further intent of Borough Council that all construction
within the Borough shall comply with the provisions of the Americans
with Disabilities Act and all applicable regulations to implement
the Americans with Disabilities Act promulgated by Federal and State
regulatory agencies and with the Code Requirements for Housing Accessibility,
and this Code shall be interpreted in a manner which fulfills this
intent. It is also the further intent of Borough Council to comply
with the requirements of the Pennsylvania Construction Code Act and
the L & I Regulations.
D. Section 101.4.5 shall be deleted in its entirety.
E. Section 103, Department of Building Safety, shall be deleted in its
entirety and a new § 103, Administration, shall be inserted
which shall provide as follows:
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103.1. Building official. Borough Council shall
appoint a person or persons to serve as a building code official and
a construction code official as those terms are defined in the L &
I Regulations. Both the building code official and the construction
code official shall be considered the building official as such term
is defined and used in this Construction Code.
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103.2. Powers and duties of building code official
and construction code official. The building code official shall have
all powers set forth in the L & I Regulations and shall have the
powers and duties of the building official set forth in this Construction
Code. The construction code official shall have the powers set forth
in the L & I Regulations and may also have the powers of the building
official set forth in this Construction Code. The respective duties
and responsibilities of the building code official and the construction
code official shall be determined by Borough Council and shall be
within the limitations of any certifications required or issued by
L & I.
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103.2.1. The building code official shall serve
at the pleasure of Borough Council. The building code official shall
provide supervision of the construction code official, receive uniform
construction code permit applications, address citizen inquiries,
concerns and complaints, issuing building permits, occupancy permits,
and manage code enforcement activities, including but not limited
to issuing notice of violations and orders to vacate, and initiation
of prosecutions.
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103.2.2. The construction code official shall serve
at the pleasure of Borough Council. The construction code official
shall perform plan review of construction documents, issue Construction
Code permits, inspect construction, provide the building code official
with reports of inspections and recommendations upon issuance of certificates
of occupancy, and administer and enforce this Construction Code. The
construction code official may be a third party agency.
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103.2.3. An applicants for Construction Code permits
shall submit two complete copies of the application to the building
code official. The building code official shall transmit a complete
copy of the Construction Code permit application to the construction
code official for plan review, issuance of the Construction Code permit,
and inspection of construction. The construction code official shall
notify the applicant when plan review has been completed, and the
applicant shall pay plan review and estimated inspection fees to the
construction code official prior to issuance of the Construction Code
permit. The construction code official shall notify the building code
official when the work is complete and has successfully had its final
inspection. The building code official shall issue the certificate
of occupancy after receipt of notification from the construction code
official that the work has been finally inspected and all fees have
been paid.
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103.3. Organization. Borough Council shall appoint
such other officers, technical assistants, inspectors and other employees
as shall be necessary for the administration of this Construction
Code.
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F. Section 104.4 shall be amended by inserting the following language
after the first sentence:
The building official shall have the right to reject any report
performed by any individual or agency unless the permit holder has
requested and obtained the prior approval of the building official
for such individual or agency to perform such inspection. Any individual
or agency performing such inspection and providing such report shall
demonstrate to the satisfaction of the building official that such
individual or agency has obtained all necessary certifications from
L & I.
G. Section 104.8 shall provide as follows:
104.8. Liability. The Borough and the building
official shall have all immunities and rights granted by the Pennsylvania
Judicial Code, including but not limited to Chapter 85.
H. Sections 105, Permits, 106, Construction Documents, and 111, Service Utilities, of Chapter
1 of the International Building Code, 2003 shall not be a part of the Borough Construction Code. The Borough hereby adopts and incorporates §§ 403.41, 403.42, 403.42a, 403.43, 403.44, 403.47, 403.48, 403.61, 403.62, 403.62a, 403.63 and 403.66 of the L & I Regulations to govern applications for and issuance of Construction Code permits for nonresidential and residential construction with the changes set forth below:
(1) Sections 403.42(a) and 403.62(a) shall be amended by inserting the
following at the end of the existing sections:
It shall be the joint responsibility of the owner, lessee, if
any, and the contractor to determine that a Construction Code permit
(and all other required permits and approvals) has been obtained before
performing any work. It shall be unlawful for any contractor or subcontractor
to perform any work for which a Construction Code permit is required
unless the owner and contractor obtain and post a Construction Code
permit as required by this Construction Code.
(2) Sections 403.42a(b) and 403.62a(b) shall be amended by inserting
the following at the end of the existing Sections:
At the time of filing an application for a Construction Code
permit, the applicant shall present to the building code official
adequate evidence that the applicant has obtained from all governmental
authorities having jurisdiction, all permits, licenses, approvals
and/or variances required in connection with the proposed use, occupancy,
construction, enlargement, alteration or demolition. Such agencies
shall include but not be limited to the Zoning Officer, Zoning Hearing
Board, Lancaster County Conservation District, public water service
provider (where public water service is proposed), Sewage Enforcement
Officer (where on-lot sewage disposal is proposed) or public sewage
service provider (where public sewer service is proposed), State Police
Fire Marshal, DEP, L & I and the Pennsylvania Departments of Community
and Economic Development and Transportation. No application for a
Construction Code permit is complete without a copy of any required
zoning permit and proof of any required subdivision and/or land development
approval, storm water management plan approval.
(3) Sections 403.43(h) and 403.63(h) shall be amended by inserting the
following at the end of the existing Sections:
The applicant shall post a copy of the Construction Code permit
at a location on the property clearly visible to members of the public.
I. A new § 108.1.2 shall be inserted which shall provide as
follows:
108.1.2. Time of payment of fees. An applicant
for a permit under this Construction Code shall pay the Borough's
administrative fee to the Borough at the time of application.
Prior to the issuance of a Construction Code permit, the applicant
shall pay to the construction code official the plan review fee and
the estimated fee for all inspections required. If additional inspections
become necessary during the costs of construction, the applicant shall
reimburse the construction code official for all such costs within
15 days after the date of an invoice for such costs. An applicant
shall pay to the construction code official all fees and costs incurred
for all inspections required during the course of construction prior
to the issuance of a certificate of use and occupancy for the structure
for which a Construction Code permit has been issued.
J. Section 108.4 shall be revised to provide:
108.4. Work commencing before permit issuance.
Any person who commences any work on a building, structure, electrical,
gas, mechanical or plumbing system before obtaining the necessary
Construction Code permits shall be subject to an additional fee for
expedited processing which shall be equal to the fee which should
have been paid at permit application. The expedited processing fee
shall be paid in full in addition to the normal application fee prior
to the issuance of a Construction Code permit.
K. Section 108.6 shall be deleted in its entirety.
L. Sections 109.3, 109.4, 109.5, and 109.6 of the International Building
Code, 2003 shall be deleted and the Borough hereby adopts §§ 403.45,
403.64 and 403.86 of the L & I Regulations governing inspections
with the changes set forth below:
(1) Sections 403.64(g) shall be deleted in its entirety.
M. Section 110, Certificate of Occupancy, of the International Building
Code, 2003 is deleted. The Borough adopts §§ 403.46
and 403.65 of the L & I Regulations governing certificates of
occupancy. Sections 403.46 and 403.65 of the L & I Regulations
are amended as follows:
(1) Section 403.46(b) is amended by adding the following subsections:
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(10)
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A statement that the issuance of a certificate of occupancy
shall not be deemed permission to occupy the structure or commence
a use if any other ordinance requires the issuance of a permit or
certificate prior to use and occupancy.
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(2) Section 403.65(b) is amended by adding the following subsections:
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(9)
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A statement that the issuance of a certificate of occupancy
shall not be deemed permission to occupy the structure or commence
a use if any other ordinance requires the issuance of a permit or
certificate prior to use and occupancy.
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N. Section 112, Board of Appeals, shall be amended in its entirety to
provide as follows:
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112.1. Board of appeals. The Borough hereby appoints
the Donegal-Elizabethtown Area Appeals Board as the board of appeals
under the Elizabethtown Borough Construction Code. Members of the
Donegal-Elizabethtown Area Appeals Board shall be selected in accordance
with the Intermunicipal Agreement.
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112.2. Authority of board of appeals. The board
of appeals shall hear and rule on appeals, requests for variances
and requests for extensions of time. An application or appeal shall
be based upon, and the board of appeals in making its decisions shall
consider, those factors set forth in the L & I Regulations.
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112.3. Membership of board of appeals. A member
of the board of appeals shall be qualified by training and experience
to pass on matters pertaining to building construction. Members of
the governing body may not serve on the board of appeals. A board
of appeals member may not cast a vote or participate in a hearing
in any appeal, request for variance or request for extension of time
in which the member has a personal, professional or financial interest.
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112.4. Operation of board. The board of appeals
may establish policies and procedures necessary to carry out its duties
in accordance with the Intermunicipal Agreement. The board shall annually
select one of its members to serve as chairperson and one of its members
to serve as vice chairperson. The board of appeals shall keep minutes
of its meetings and file a written decision on all appeals under this
Construction Code. The board of appeals shall provide notice of and
conduct its meetings in accordance with the Sunshine Act, 65 Pa. C.S. § 701
et seq.
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112.5. Procedures for applications and appeals.
Any person desiring to file an application or appeal to the board
of appeals may file such appeal with the building code official. All
applications and appeals to the board of appeals shall be in writing
and shall specify the section of this Construction Code from which
relief is sought or the action of the building official which is the
subject of the appeal. The written application or appeal shall state
all of the grounds for the application or appeal and shall include
any necessary plans or specification to provide the board of appeals
with information to evaluate the application or appeal and shall include
the fee. No application appeal will be considered complete without
the necessary appeal fee. Any appeal from a determination of the building
official shall be filed within 20 calendar days of the determination.
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112.5.1. Hearings. An applicant or appellant who
desires to present testimony to the board of appeals shall request
a hearing in the application or appeal. If the applicant or appellant
does not request a hearing, it will be assumed that the board of appeals
may render its determination based on the written information submitted
with the application or appeal and any additional information available
to members of the board of appeals.
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112.5.2. Parties. The Borough shall be considered
a party to all appeals or applications filed with the board of appeals.
Other persons affected by the appeal or application who have made
timely appearances of record may also be recognized as parties to
the appeal or application.
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112.5.3. Decision. The board of appeals shall render
its decision in writing within any time periods imposed in state laws
or L & I Regulations. The board of appeals shall provide the applicant
or appellant, the building official and the Borough with copies of
the appeal.
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O. Section 113, Violations, shall provide as follows:
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113.1. Unlawful Acts. It shall be unlawful for
any person, firm or corporation to erect, construct, alter, extend,
repair, remove, demolish, use or occupy, or to permit the erection,
construction, alteration, extension, repair, removal, demolition,
use or occupancy of, any building or structure or equipment regulated
by this Construction Code, or cause same to be done, in conflict with
or in violation of this Construction Code. It shall also be unlawful
for any person to place inaccurate or misleading information on an
application or plan or to omit relevant information from an application
or a plan submitted to the Borough.
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113.2. Notice of Violation. The building official
may serve a notice of violation on any person responsible for the
erection, construction, alteration, extension, repair, removal, demolition,
use, permission to use, occupancy, or permission for occupancy of
a building or structure or equipment in violation of the provisions
of this Construction Code, or in violation of a detailed statement
or a plan approved thereunder, or in violation of a permit or certificate
issued under the provisions of this Construction Code. Such notice
shall order discontinuance of the illegal action or condition and
the abatement of the violation. Notwithstanding the foregoing, it
shall not be a defense to an enforcement action that the building
official did not serve or that the defendant did not receive a written
notice of violation prior to the institution of the enforcement action.
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113.2.1. If an inspection reveals a violation of
this Construction Code, the construction code official shall discuss
the inspection results with the permit holder at the completion of
the inspection.
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113.2.2. When a violation relates to an unsafe
building, structure, or equipment, the building official shall proceed
in accordance with Section 403.84 of the L & I Regulations.
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113.3. Prosecution of Violation. If the building
code official has served a notice of violation and the notice of violation
is not complied with within the time specified by the building official,
or if the building code official determines that there is insufficient
time to serve a notice of violation or that such notice of violation
will have no practical or beneficial effect, the building code official
shall notify Borough Council of the violation and shall request Borough
Council to authorize institution of enforcement proceedings against
the violator and/or authorize the Borough Solicitor to institute the
appropriate proceedings at law or in equity to restrain, correct or
abate such violation or to require the removal or termination of the
unlawful use of the building or structure in violation of the provisions
of this Construction Code or of the order or direction made pursuant
thereto. Notwithstanding the foregoing, the building code official
may institute summary enforcement proceedings without prior authorization
of Borough Council.
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113.4. Violation Penalties. Any person who shall
violate a provision of this Construction Code 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 or structure or equipment regulated
by this Construction Code in violation of the provisions of this Construction
Code or of an approved plan or of a directive of the building official
or of a permit or certificate issued under the provisions of this
Construction Code or who shall permit the use, occupancy, erection,
construction, alteration, extension, removal, demolition or repair
of the building or structure or equipment in violation thereof, shall,
upon being found guilty in an enforcement proceeding commenced by
the Borough, pay a penalty of not less than $200 and not more than
$1,000 for each violation plus all costs of prosecution, which fines
and penalties may be collected as provided by law. Each day that a
violation continues shall be deemed a separate offense, and each Section
of this Construction Code which is violated shall be deemed a separate
offense. The building official may request the Police Department to
make arrests for any offense against this Construction Code or orders
of the building official affecting the immediate safety of the public.
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113.5. Abatement of Violation. The imposition of
the penalties herein prescribed shall not preclude the Borough Solicitor
or the building official from instituting appropriate action to prevent
the unlawful construction or to restrain, correct, or abate a violation,
or to prevent illegal occupancy of a building, structure or premises
or to stop an illegal act, conduct, business, or use of a building
or structure on or about any premises.
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P. Section 114.3 shall provide as follows:
114.3. Unlawful Continuance. Any person who shall
continue any work in or about the structure after having been served
with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall commit
a violation of this Construction Code and shall be subject to penalties
or fines as provided in Section 113.4 and remedies as provided in
Section 113.5.
Q. Section 115, Unsafe Structures and Equipment, of the International
Building Code, 2003 is deleted. The Borough adopts § 403.84
of the L & I Regulations governing unsafe buildings, structures,
or equipment.
R. Table R301.2(1) of the International Residential Code, 2003 is hereby
completed by inserting the following information:
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Ground snow load: 30 pounds per square foot.
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Wind speed (mph): 90 mph.
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Seismic design category: A, B, C, D.
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Weathering: severe.
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Frost line depth: 30 inches.
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Termite: moderate to heavy.
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Decay: slight to moderate.
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Winter design temperature: 10°
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Ice shield underlayment required: Yes
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Flood hazard: October, 1977, as revised in 2004-2005
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Air freezing index: 1000
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Mean annual temperature: 50°
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[Ord. 845, 6/17/2004, § 2]
It is expressly intended that the provisions of this Part shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior zoning regulation or ordinance. In the event any violation has occurred under Chapter
5, Part
2, or Chapter
5, Part
3, in effect prior to the effective date of this Part, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior regulations, and the provisions and penalties provided in Chapter
5, Part
2, or Chapter
5, Part
3, prior to the effective date of this Part shall remain effective as to said violation.
[Ord. 845, 6/17/2004, § 3]
All other sections, parts and provisions of the Code of Ordinances
of the Borough of Elizabethtown shall remain in full force and effect
as previously enacted and amended.
[Ord. 845, 6/17/2004, § 4]
In the event any provision, section, sentence, clause or part
of this Part shall be held to be invalid, illegal or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses or parts of this Part, it being the intent
of Borough Council that the remainder of the Part shall be and shall
remain in full force and effect.
[Ord. 845, 6/17/2004, § 5]
This Part shall take effect and after its enactment by Borough
Council of the Borough of Elizabethtown as provided by law. The Uniform
Construction Code adopted by this Part shall take effect on July 8,
2004.