The Borough of Chalfont hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended
from time to time, and its regulations.
The Uniform Construction Code, contained within Title 34 Pa.
Code, Chapters 401 to 405, as amended from time to time, is hereby
adopted and incorporated herein by reference as the Municipal Building
Code.
Administration and enforcement of the code within the Borough
of Chalfont shall be undertaken as determined by the Borough Council,
in accordance with the regulations of the Pennsylvania Construction
Code Act.
A Uniform Construction Code Board of Appeals (hereinafter "Appeals
Board") is hereby established by separate resolution in conformity
with the requirements of the Pennsylvania Construction Code Act, Act
45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, Section
501(c), and Title 34 Pa. Code § 403.121. The Appeals
Board shall hear and rule on appeals, requests for variances and requests
for extensions of time.
This code may be changed and/or modified by the Borough Council
of the Borough of Chalfont in accordance with the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. § 7210.503.
A Fee Schedule for the administration and enforcement undertaken
pursuant to this chapter and the code shall be established by the
Borough Council of the Borough of Chalfont by resolution from time
to time.
In accordance with § 403.102(1) of Title 34, Part
XIV, Chapter 403, of the Pa. Code, the following are amended:
A. Section 403.43(g): Delete the words "five years" and replace with
the words "one year."
B. Section 403.64(d): Delete numbers (1) through (4) and replace with
the following:
(5) Plumbing, mechanical and electrical system inspection.
(6) Frame and masonry inspection.
[Added 7-26-2005 by Ord.
No. 353]
A. The Commonwealth of Pennsylvania has recently adopted Act 92. Act
92 makes the following amendments to Act 45:
(1) Excludes from Act 45 alterations to residential buildings which do
not make structural changes or changes to a means of egress, except
those required by ordinances in effect pursuant to Section 303 and retained by the municipality under the initial ordinance.
(2) Excludes from Act 45 repairs to residential buildings.
(3) Revises the definition of "utility and miscellaneous use structures"
(found in Section 103 of Act 45 of 1999), which are exempt from Act 45, to include accessory structures
such as garages, greenhouses and sheds accessory to a detached single-family
dwelling which are less than 1,000 square feet in area.
B. Act 92 permits the Borough to require compliance with the Building
Code for all repairs and alterations to residential buildings and
construction of utility and miscellaneous use structures if the Borough
regulated such alterations and utility and miscellaneous use structures
in its Building Code prior to July 1, 1999. The Building Code of the
Borough of Chalfont, as of July 1, 1999, required compliance and the
issuance of a building permit for repairs and alterations to residential
buildings and construction, alteration, enlargement, replacement,
repair, removal and demolition of utility and miscellaneous use structures.
[Added 7-26-2005 by Ord.
No. 353]
A. In accordance with the amendment of Section 503 by Act 92, the Borough of Chalfont may propose and enact
an ordinance that exceeds the minimum requirements of Act 45, adopts
additional code requirements for alterations associated with residential
buildings or adopts stricter code requirements for the regulation
of utility and miscellaneous use structures.
B. In accordance with this section, the Borough of Chalfont shall keep
in full force and effect the following requirements in its Building
Code:
(1) All repairs and alterations to residential buildings and all repairs
and alterations that increase habitable area shall comply with the
Building Code of the Borough of Chalfont adopted on June 8, 2004,
and any successor code adopted by the Borough pursuant to Act 45 of
1999.
(2) Construction, alteration, enlargement, replacement, repair, removal
and demolition of utility and miscellaneous use structures which are
greater than 144 square feet in area shall comply with the Borough
of Chalfont Building Code adopted on June 8, 2004, and any successor
code adopted by the Borough pursuant to Act 45 of 1999.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorney's fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Bucks County.