[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-10-1961 by Ord. No. 240]
This article may be referred to as the Building Permit Code
of Dallastown Borough, York County, Pennsylvania.
As used in this article, the following terms shall have the
meanings indicated:
A combination of materials to form a construction that is
adopted to permanent or continuous occupancy for public, institutional,
residence, business, manufacturing or storage purposes; the term "building"
shall be construed as if followed by words "or part thereof."
The replacement of existing work similar to the existing
work.
A combination of materials to form a construction, including,
among others, stadiums, gospel and circus tents, garages (private
or public), gasoline and bituminous storage tanks (including underground
tanks), platforms, stagings, observation towers, radio towers, water
tanks and towers, trestles, piers, sheds, coal bins, cesspools, swimming
pools, greenhouses, septic tanks, display signs, etc.; the term "structure"
shall be construed as if followed by the words "or part thereof."
It shall be unlawful for any person, firm, association or corporation
to erect, construct, enlarge, alter, repair, move, remove or demolish
any building or structure within the limits of the Borough of Dallastown,
York County, Pennsylvania, unless a permit therefor shall first be
secured as hereinafter provided.
A.
Application book. No building permit shall be issued unless an application
therefor to the issuing officer is made, in writing, in a book to
be provided for the purpose and signed by the person, firm, association
or corporation desiring the same or by a duly authorized agent or
contractor.
B.
Information required. Every application for a building permit must
be accompanied by a plan drawn to a scale of one inch equaling 20
feet and showing:
(1)
Lot location. The lot of record and the zoning lot, if different
from the lot of record, upon which the building is proposed to be
erected or on which it is situated in the case of an existing building.
(2)
Lot dimensions, street address, lot and map numbers.
(3)
Names and widths of abutting streets.
(4)
Existing buildings. Locations, dimensions and uses of any existing
building on the lot and within 100 feet of the proposed structure.
(5)
Proposed buildings. Locations, dimensions and proposed uses of buildings
for which the permit is sought.
(6)
Character of construction. Dimensions of yards for the building for
which permit is sought; distance from the proposed building of any
existing building within 100 feet on the same lot.
(7)
Proposed off-street parking and loading areas, access drives and
walks.
(8)
North point and scale.
(9)
Adequate information to enable the issuing officer to determine whether
the requirements in this article are met.
C.
Posting. The permittee must see that the permit is posted at a conspicuous
place on the premises where the work is being performed.
A.
Requirement. No permit shall be issued until the fee prescribed in
this section shall have been paid, nor shall an amendment to a permit
be approved until the additional fee, if any, due to an increase in
the estimated cost of the building or structure shall have been paid.
B.
Rate schedule. The permit fee, based on the estimated cost (including materials, labor, foundations, etc.) is as follows (except as set forth in Subsections C and D below). The particular fee as imposed and established will be set by resolution of the Borough Council.
[Amended 4-13-1998 by Ord. No. 432]
C.
Moving and removing. In the case of a building or structure to be
moved or removed from one lot to another, the fee is based on the
estimated cost of construction of a building or structure in its completed
condition after removal. In the case of a building or structure to
be moved to a new location within the same lot, the fee shall be at
a rate per thousand dollars or fraction thereof of the estimated cost
of moving of new foundations and of work necessary to put the building
or structure in usable condition in its new location. The particular
fee as imposed and established will be set by resolution of the Borough
Council.
[Amended 4-13-1998 by Ord. No. 432]
D.
Demolitions. For a permit for the demolition of a building or structure,
the fee shall be equal to 10% of the total cost of demolition.
[Amended 6-11-2018 by Ord. No.
591]
E.
Where painting or refurbishing is done only as repair, no permit
or fee shall be required.
[Added 12-29-1980 by Ord.
No. 331]
On or after December 1, 1980, the Borough of Dallastown shall
issue building permits without charge for repairs or replacement to
buildings where the same has been necessitated by a loss due to fire
or a disaster or act of God, where the same has been certified and
approved by the Borough Council. Any improvement, change or addition
from the original will require the applicant to pay the normal permit
fee in existence at said time of application for the addition, improvement
or change from the original.
The issuing officer must investigate the application for a building
permit and he has the right to enter upon the premises of the applicant
to conduct the investigation. Unless the construction repair or alteration
would be in violation of law or ordinance, he must issue a permit.
If, in the opinion of the issuing officer, the construction, repair
or alteration would be in violation of law or ordinance, he must at
once refer the application for permit to the Borough Council. The
Council must act upon the application, subject to all the requirements
of this article.
A.
When; what. Where the actual cost of the building or structure or
change thereof exceeds $1,000, the permittee must file a certified
report to the issuing officer within 60 days after the completion
of the building or structure or change thereof. The permittee must
certify:
B.
Who. Where the owner of the building or structure secures the permit,
such owner must make and file the return. Where the performer of the
operation covered by the permit secures the permit, such performer
must make and file the report. Where the owner has more than one operation
covered by this article performed simultaneously on the same premises,
such owner must make the report and must state in the report the aggregate
actual cost of all such operations.
C.
Adjustment of fee to reflect actual costs. Upon the filing of the
report, the permittee must pay any additional fees in accordance with
the foregoing schedule of rates for the amount by which the actual
costs exceed the original estimate, or the issuing officer must refund
any overpayment made by reason of overestimated costs.
All permits shall expire nine months after date of issue, except
in the case of an extensive project where the applicant may specify
the estimated project completion date, on which date the permit shall
expire, or the issuing officer may grant an extension of time if he
deems it to be justified. If no extension of time is so requested
and construction has not been completed, another permit must be secured
in the same manner and under the same conditions as to fees, period,
etc., as in the case of an original permit.
[Amended 4-13-1998 by Ord. No. 432]
A.
For violation of chapter. Any person, firm, association or corporation
violating any of the provisions of this article shall, upon conviction
thereof, be punishable by a fine of not more than $1,000, plus costs
of prosecution, and in default of payment of such fine and costs by
imprisonment for not more than 30 days. Each and every day that erection,
construction, enlargement or moving continues without first securing
a building permit in violation of the provisions hereof shall constitute
a separate and distinct offense and shall be subject to separate and
distinct penalties hereunder.
B.
For removing grade line marks. Any person who shall change or remove
any stake, stone, mark or other designation by which any grade line
so given is indicated shall, upon conviction thereof, be punishable
by a fine of not more than $1,000, plus costs of prosecution, and
in default of payment of such fine and costs by imprisonment for not
more than 30 days.
New buildings or structures or additions must be set back as
follows:
A.
Storm sewage. Where surface water is discharged upon the lot or land
where the building or structure is to be constructed, whether by means
of natural watercourse, drain, pipe, culvert, open ditch or by any
other artificial means, no building permit may be issued unless information,
or a detailed plan if requested, is submitted showing that the surface
water will be discharged from the land by means approved by the Borough
Engineer.
B.
Sanitary sewage. If no public sewage disposal system is available,
adequate sewage disposal facilities must be provided by means of septic
tanks and tile fields or by such other means as may be approved by
the Borough Engineer.
A.
Conditions. It shall be unlawful without a building permit to store
any building materials on any highway or street. In any case, no building
materials or any temporary structure may be placed on any highway
or street until necessary, nor may the same or any rubbish remain
on any highway any longer than necessary.
B.
Location. Building materials may be stored immediately in front of
the premises and, if the owners thereof give their consent, in front
of one adjoining property on each side thereof. The building materials
may in no case extend toward the center of the highway more than six
feet from the curbline. No building materials or any temporary structure
may obstruct the free flow of water in the gutter or along the curb.
C.
Public roads; night lighting. When any portion of a public road is
used under a permit, it will be the responsibility of the permittee
to see that a sufficient number of red lanterns are conspicuously
placed on the public road every night from dark to sunrise to render
the public road safe.
D.
Restoration. After the use of the highway or street under any permit,
the highway or street must be restored to its original condition.
During the erection of any building, a passageway at least four
feet wide must be kept open along the sidewalk. If deemed necessary
by the issuing officer, the passageway must be provided with a board
roof.
All cellars, ditches or other excavations must be kept drained
and must be protected by sufficient cover, guard rails or fences.
[Added 8-12-1985 by Ord.
No. 373]
A.
Installation requirements. If a mobile home is erected and maintained
as a single-family dwelling outside a mobile home park, the following
requirements shall be met:
(1)
The tract upon which the mobile home is installed shall conform with
the minimum lot size requirement of the zone where located.
(2)
The mobile home shall be installed so as to conform with all front
yard, side yard and rear yard setback lines applicable to immobile
housing in that zone.
(3)
The mobile home shall be installed upon and securely fastened to
a frost-free foundation or footer and in no event shall it be erected
on jacks, loose blocks or other temporary materials.
(4)
The mobile home shall be connected to public water and sewer systems,
if available. If not, the owner shall provide a potable water supply
from his own well and shall provide a septic system that shall meet
the standards of the Pennsylvania Department of Environmental Protection.
(5)
Any single on-lot mobile home shall meet the specifications for manufacture
of mobile homes as set forth in Federal Mobile Home Construction and
Safety Standards of the United States Department of Housing and Urban
Development as detailed in 24 CFR 3282.
B.
Building permit. No mobile home shall be erected on a single lot
unless a building permit is first obtained in accordance with this
article.
[Adopted 6-14-2004 by Ord. No. 517]
Dallastown Borough hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 et seq., as amended from time to
time, and its regulations.
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
and for the Borough of Dallastown.
[Added 9-12-2005 by Ord.
No. 533]
A.
All alterations to residential buildings which do not make structural
changes or changes to means of egress and repairs to residential buildings
shall be subject to compliance with the Uniform Construction Code
as contained in 34 Pa. Code, Chapters 401 through 405, and as amended
from time to time; provided, however, that the following repairs and
alterations shall be exempt from such compliance:
(1)
Sidewalks and driveways that are 30 inches or less above adjacent
grade and not placed over a basement or story below it.
(2)
Exterior or interior painting, papering, tiling, carpeting,
flooring, cabinets, counter tops and similar finishing work.
(3)
Retaining walls less than four feet in height.
(4)
Prefabricated swimming pools that are less than 18 inches deep
and have no filtration system.
(5)
Swings and other playground equipment accessory to a one- or
two-family dwelling.
(6)
Window awnings supported by an exterior wall which do not project
more than 54 inches from the exterior wall and do not require additional
support.
(7)
Replacement of glass in any window or door. However, the replacement
glass shall comply with the minimum requirements of the International
Residential Code.
(8)
Replacement of a window, door, garage door, storm window and
storm door in the same opening if the dimensions or framing of the
original openings are not enlarged. The installation of means of egress
and emergency escape windows must be made in the same opening without
altering the dimensions or framing of the original opening to be exempt.
(9)
Replacement of any roof material so long as the existing roof
material is removed prior to installation of new.
(10)
Replacement of existing siding or installation of siding over
existing exterior wall covering.
(11)
Repair or replacement of any part of a porch or stoop which
does not structurally support a roof located above the porch or stoop.
(12)
Installation of additional roll, batt, or blown-in insulation.
(13)
Replacement of exterior rainwater gutters and leaders.
(14)
Installation or replacement of aluminum or vinyl soffit, fascia
or other trim on the exterior of a single-family dwelling.
(15)
Installation or replacement of a detached deck where the floor
of the deck is no more than 30 inches above grade.
(16)
Minor electrical work for the following:
(a)
Replacement of lamps or the connection of approved portable
electrical equipment to approved permanently installed receptacles.
(b)
Replacement of a receptacle, switch or lighting fixture rated
at 20 amps or less and operating at less than 150 volts to ground
with a like or similar item. This does not include replacement of
receptacles in locations where ground-fault circuit interrupter protection
is required.
(c)
Replacement of installed electrically operated equipment such
as doorbells, communication systems and any motor-operated device.
(d)
Installation, alteration or rearrangement of communications
wiring.
(e)
Replacement of dishwashers.
(f)
Replacement of kitchen range hoods.
(17)
The following gas work:
(18)
The following mechanical work or equipment:
(a)
A portable heating appliance.
(b)
Portable ventilation appliances.
(c)
A portable cooling unit.
(d)
Steam, hot or chilled water piping within any heating or cooling
equipment governed under the Uniform Construction Code.
(e)
Replacement of any minor part that does not alter approval of
equipment or make the equipment unsafe.
(f)
Self-contained refrigeration systems containing 10 pounds or
less of refrigerant or that are put into action by motors one horsepower.
(g)
Portable evaporative cooler.
(h)
A portable fuel cell appliance that is not connected to a fixed
piping system and is not interconnected to a power grid.
(19)
The following plumbing work:
(a)
Replacement of bib valves if the replacement hose bib valves
are provided with an approved atmospheric vacuum breaker.
(b)
Refinishing of existing fixtures.
(c)
Replacement of ball cocks.
(d)
Repair of leaks.
(e)
Clearance of stoppages.
(f)
Replacement of faucets or working parts of faucets.
(g)
Replacement of valves other than shower or combination shower/bath
valves.
(h)
Replacement of traps.
(i)
Replacement of a water closet, lavatory or kitchen sink.
(j)
Replacement of domestic clothes washers and dishwashers.
(20)
The following heating, ventilation and air-conditioning work.
(a)
Replacement of motors, pumps and fans of the same capacity.
(b)
Repair and replacement of heating, supply and return piping
and radiation elements, which do not require rearrangement of the
piping system.
(c)
Repair and replacement of ductwork.
(d)
Repair and replacement of air-conditioning equipment and systems.
(e)
Repair and replacement of control devices for heating and air-conditioning
equipment.
(f)
Replacement of kitchen range hoods.
(g)
Replacement of clothes dryers if there is no change in fuel
type, location or electrical requirements.
(h)
Replacement of stoves and ovens if there is no change in fuel
type, location or electrical characteristics.
(21)
An ordinary repair does not require a permit. The following
are not ordinary repairs:
(a)
Cutting away a wall, partition or portion of wall.
(b)
The removal or cutting of any structural beam or load-bearing
support.
(c)
The removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the egress requirements.
(d)
The addition to, alteration of, replacement or relocation of
any standpipe, water supply, sewer, drainage, drain leader, gas, soil,
waste, vent or similar piping, electric or mechanical.
(e)
A permit is not required for the installation, alteration or
repair of generation, transmission, distribution, metering or other
related equipment that is, by established right, under the ownership
and control of a public utility, as the term "public utility" is defined
in 66 Pa.C.S. § 102 (relating to the definitions).
B.
All utility and miscellaneous structures shall be subject to compliance
with the Uniform Construction Code as contained in 34 Pa. Code, Chapters
401 through 405, as amended from time to time; provided, however,
that the following shall be exempt from such compliance:
(1)
Buildings or structures of an accessory character and miscellaneous
structures not classified by the Building Officials and Code Administrators
International, Inc. (current edition) in any specific use group. This
includes detached carports, detached private garages, greenhouses
and sheds having a building area 240 square feet or less.
Administration and enforcement of the Code within Dallastown
Borough shall be undertaken in any of the following ways as determined
by Dallastown Borough Council from time to time by resolution:
A.
By the designation of an employee of Dallastown Borough to serve
as the Municipal Code Official to act on behalf of Dallastown Borough.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Dallastown 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 the Act on behalf of Dallastown Borough.[1]
[1]
Editor's Note: Ordinance No. 518, adopted 6-28-2004,
authorizes and approves an agreement with the Township of York for
the administration of the Uniform Construction Code. The full texts
of Ord. No. 518 and the agreement are on file in the Borough offices.
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.
A Board of Appeals shall be established by resolution of the
Dallastown Borough Council in conformity with the requirements of
the relevant provisions of the Code, as amended from time to tine,
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 Dallastown 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 where applicable.
C.
All relevant ordinances, regulations and policies of Dallastown Borough
not governed by the Code shall remain in full force and effect.
Fees assessable by Dallastown Borough for the administration
and enforcement undertaken pursuant to this article and the Code shall
be established by the Dallastown Borough Council by resolution from
time to time.
[Added 9-26-2005 by Ord.
No. 534]
Any person, firm or corporation who violates a provision of
this article or fails to comply with any of the requirements thereof
or who erects, constructs, alters or repairs a building or structure
in violation of the approved construction documents or directive of
the Building Official, or of a permit or certificate issued under
the provisions of this article, shall, upon summary conviction thereof,
be sentenced to pay a fine of not more than $1,000 and not less than
$50 and, in default of payment thereof, to imprisonment for not more
than 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
