[Adopted 10-12-1998 by Ord. No. 98-8]
[Amended 2-21-2013 by Ord. No. 13-05]
Before the erection, alteration or enlargement of any building
or structure is started, a building permit shall be applied for and
issued. Except as hereinafter provided, no building permit shall be
issued by an officer, department or employee of this Borough unless
the application for such permit has been examined by the Building
Inspector and has affixed to it a certificate of the Building Inspector
that the proposed building or structure complies with all the provisions
of this part. Any building permit issued in conflict with the provisions
of this part shall be null and void. All applications for a building
permit shall be accompanied by the information, fees following, and
deposits or bonds, and no application shall be deemed to have been
received until all the information, deposits or bonds and fees shall
have been submitted and received and are of a form and content satisfactory
to the Building Inspector.
1.
A plot plan of the lot showing the location of all present and proposed
buildings, drives, parking lots and other constructional features
on the lot, and all buildings, streets, alleys, highways, streams
and other topographical features, if any, outside of the lot and within
200 feet of any lot line.
2.
Architectural plans for any proposed building.
3.
Any other data, evidence or statements and any reasonable number
of duplicates of same, that the Building Inspector may require.
4.
Proof of worker's compensation insurance or an affidavit that the
person does not employ other individuals and is not required to carry
workers' compensation insurance. Proof of insurance shall include
a certificate of insurance or self-insurance, demonstrating current
coverage and compliance with the requirements of the Workers' Compensation
Act, the Occupational Disease Act and the Longshore and Harbor Workers'
Compensation Act, amendments and supplements, where applicable. Proof
of insurance shall not be required when the employer has been exempted
pursuant to Section 304.2 of Act 44, as amended.[1]
[1]
Editor's Note: Reference is to provisions for religious exceptions
to the Pennsylvania Workers' Compensation Act.
5.
A refundable cash deposit in the sum to be established from time
to time by resolution of the Borough Council. This deposit shall be
returned to the applicant upon the completion and after final approval
of the work by the Building Inspector as set forth on the application
for a building permit and the permit itself. This deposit may be withheld
after application for building permit has been made if any damage
or injury caused has not been satisfactorily repaired, replaced, made
good or otherwise corrected, as may be determined by the Borough Council.
Also, if any regulations or provisions of this part or others incorporated
herein have been violated, the deposit may be withheld until corrective
action is taken and approved by the Building Inspector. The Borough
may, with or without demand upon the owner, general contractor, subcontractor,
material supplier, or person or persons directly responsible for any
damage or injury or for any violation of any provision of this part
or others incorporated herein, make any repairs, replacement, or make
good or otherwise correct said damage, injury, violation thereof and
deduct any costs or expenses from the amount of the deposit.
6.
The Borough may retain the entire deposit to cover any or all costs
incurred while making any repairs, replacement, or to make good or
otherwise correct said damage, injury or violation. In addition, where
costs of repair or replacement exceed the amount of the deposit, the
Borough may require the additional sum to be paid prior to the issuance
of an occupancy and/or use permit.
7.
The Borough may waive the above deposit requirements where there
is no excavating or major construction work involved, such as remodeling,
or where the nature of the work listed in the application for a building
permit is of such a nature or involves such a small amount of money
that it would be unreasonable, at the discretion of the Building Inspector,
to require a refundable cash deposit.
8.
Where one applicant has more than one application on file with the
Borough, the applicant may substitute a surety bond or other security
acceptable to the Borough in the amount to be determined from time
to time by resolution of Borough Council for each dwelling or structure
requiring a deposit in excess of the first refundable cash deposit.
9.
When issuing a permit, the Borough of Sharpsburg shall be named as
a workers' compensation policy certificate holder of a contractor-issued
building permit.
10.
Where a contractor is performing work for the Borough of Sharpsburg,
all contractors and subcontractors shall provide proof of workers'
compensation to the Borough of Sharpsburg effective for the duration
of the work.
11.
The Building Inspector and/or Sharpsburg Police Department shall
issue a stop-work order to a contractor who is performing work pursuant
to a building permit upon receiving actual notice that the contractor's
workers' compensation insurance or state-approved self-insured status
has been cancelled. Also, if the Borough of Sharpsburg receives actual
notice that an applicant, having filed an affidavit of exemption from
workers' compensation insurance, has hired persons to perform work
pursuant to a building permit and does not maintain required workers'
compensation, the Building Inspector and/or Sharpsburg Police Department
shall issue a stop-work order. This order shall remain in effect until
proper workers' compensation coverage is obtained for all work performed
pursuant to the building permit.
12.
The Building Inspector and/or Sharpsburg Police Department shall
issue a stop-work order to any contractor who is performing work for
the Borough of Sharpsburg upon receiving notice that any public contractor's
workers' compensation insurance or state-approved self-insurance status
has expired or has been cancelled. If the Borough of Sharpsburg receives
actual notice that a contractor, having filed an affidavit of exemption
from workers' compensation insurance, has hired persons to perform
work for the Borough of Sharpsburg and does not maintain the required
workers' compensation insurance or self-insurance, the Borough of
Sharpsburg shall issue a stop-work order, which order shall remain
in effect until proper workers' compensation coverage is obtained
for all work performed pursuant to the contract of work for the Borough
of Sharpsburg.
13.
Should such policy of workers' compensation insurance be cancelled
or expire during the duration of the work or should the workers' compensation
self-insurance status change during the said period, the contractor
shall immediately notify, in writing, the Borough of Sharpsburg of
such cancellation, expiration or change in status.
14.
The Building Inspector shall act upon an application no later than
30 days after receiving the application. Failure to act within this
time shall be deemed approval of the application, and in such case
the Building Inspector is directed to issue the permit.
15.
In acting upon an application for a building permit for a building,
the Building Inspector is directed to assure himself that all requirements
of this part are met and that all of the standards and limitations
established by this part will be observed. In approving an application,
the Building Inspector may require such changes in plans for land
use, buildings or operations as may be necessary to assure compliance
with this part and limitations established.
16.
A building permit for a building in any district may be revoked and
withdrawn by the Building Inspector if the Building Inspector finds
that the holder of the building permit has failed to comply with any
conditions attached to the issuance of the permit or if the Building
Inspector finds that the operations of the building fail to comply
with the requirements of this part or the standards and limitations
established by this part.
1.
It shall be required that all new buildings or structures to be erected
provide for sidewalks along the street or streets which the property
abuts, said sidewalks to be installed before final completion of the
new building or structure.
Before the installation and erection of any fence is started,
a building permit shall be applied for and issued. An application
for a building permit for the erection of a fence shall be accompanied
by a plan of the lot showing the proposed location of the fence to
be erected. No permit shall be issued unless the fence to be installed
is in accordance with the Borough
Building Code.[1]
All applications for a building permit shall be accompanied
by a fee, the amount of which shall be set forth in a fee schedule
as adopted by resolution of Borough Council.
All appeals from an adverse decision by the Building Inspector
shall be taken to and heard by the Council of the Borough of Sharpsburg.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
