[Ord. 2004-04, 5/20/2004, § 1]
The purpose of this Part is to promote the general health, safety
and welfare of the citizens of the Borough of Hummelstown and to conform
to the requirements of the Pennsylvania Construction Code Act and
regulations to the Act promulgated by the Pennsylvania Department
of Labor and Industry (hereinafter sometimes collectively referred
to as the "Code").
[Ord. 2004-04, 5/20/2004, § 1]
The Borough of Hummelstown hereby elects to and shall administer
and enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, as amended
from time to time, and its regulations.
[Ord. 2004-04, 5/20/2004, § 1; as amended by Ord. No. 2023-5, 8/17/2023]
1. The Uniform
Construction Code, contained in 34 Pa. Code, Chapters 401 through
405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the Municipal Building Code of the Borough
of Hummelstown.
2. Section 403.1(a)(2) of the Uniform Construction Code is hereby amended
by adding the following subsections:
(i) The following acts or the causing of these acts shall be required
to comply with this Chapter. Any actor who performs the act and the
owner(s) of the property or premises shall be responsible for applying
for and obtaining a building permit from Hummelstown Borough before
commencing or allowing the action of the following:
(A)
The addition of a sleeping area within a property or its structures,
which increases the total number of sleeping areas lawfully permitted
under the structure's certificate of occupancy.
(B)
The conversion of the subgrade portion of a residential structure
into a Dwelling Unit.
(C)
The modification of any existing residential accessory structure,
which increases the gross square footage of the structure in excess
of 500 gross square feet.
(D)
Any project involving the construction of a new residential
accessory structure which exceeds 500 gross square feet.
[Ord. 2004-04, 5/20/2004, § 1]
1. Administration and enforcement of the Code within the Borough of
Hummelstown shall be undertaken in any of the following ways as determined
by Borough Council from time to time by resolution:
A. By the designation of an employee of the Borough of Hummelstown to
serve as the municipal code official to act on behalf of the Borough
of Hummelstown.
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough of Hummelstown.
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 the Borough of Hummelstown.
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.
[Ord. 2004-04, 5/20/2004, § 1]
A Board of Appeals shall be established by resolution of the
Council of the Borough of Hummelstown 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.
[Ord. 2004-04, 5/20/2004, § 1]
1. All Building Code ordinances or portions of ordinances which were
adopted by the Borough of Hummelstown 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.
2. All Building Code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
3. All relevant ordinances, regulations and policies of the Borough
of Hummelstown not governed by the Code shall remain in full force
and effect.
[Ord. 2004-04, 5/20/2004, § 1]
Fees assessable by the Borough of Hummelstown for the administration
and enforcement undertaken pursuant to this Part and the Code shall
be established by Borough Council from time to time by resolution.