[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.
2. 
All plans accompanying an application for a building permit as required by § 4-204 of this chapter shall include plans for installation of the required sidewalks.
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]
[1]
Editor's Note: See Chapter 5, Part 1, of the Borough's Code.
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.