[HISTORY: Adopted by the Borough Council of the Borough of
Chalfont 6-8-2004 by Ord. No. 342 (Ch. 5, Part 8, of the 2010 Code of Ordinances). Amendments
noted where applicable.]
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),[1] 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.[2]
A.
All ordinances and/or resolutions or parts thereof which have previously
been adopted by the Borough of Chalfont on or before July 1, 1999,
and which are equal to or exceed the requirements of the code shall
remain in full force and effect until such time as the provisions
of these ordinances fail to equal or exceed the minimum requirements
of the code, as amended from time to time.
B.
All ordinances and/or resolutions or parts thereof which have previously
been adopted by the Borough of Chalfont that are in effect as of the
effective date of this chapter and whose requirements are less than
the minimum requirements of the code are hereby amended to conform
with the comparable provisions of the code.
C.
All other ordinances, resolutions, regulations and policies of the
Borough of Chalfont not governed by the code shall remain in full
force and effect.
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.[1]
[1]
Editor's Note: The current Fee Schedule is on file in
the Borough offices.
In accordance with § 403.102(1) of Title 34, Part
XIV, Chapter 403, of the Pa. Code, the following are amended:
A.
The Building Code Official, Construction Code Official, members of
the Uniform Construction Code Board of Appeals, employees and/or appointed
individuals, agents or firms charged with the enforcement of the code,
while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by the code or other pertinent
law or ordinance, shall not thereby be rendered liable personally
and are hereby relieved from personal liability for any damage accruing
to persons or property as a result of any act or by reason of an act
or omission in the discharge of official duties.
B.
Any suit instituted against an officer, agent or employee because
of an act performed by that officer, agent or employee in the lawful
discharge of duties under the provisions of the code shall be defended
by a legal representative of the jurisdiction until the final termination
of the proceedings. The Building Code Official, Construction Code
Official, members of the Uniform Construction Code Board of Appeals,
employees and/or appointed individuals, agents or firms charged with
the enforcement of the code shall not be liable for the cost in any
action, suit or proceeding that is instituted in pursuance of the
provisions of the code.
[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[1] and retained by the municipality under the initial ordinance.
[1]
Editor's Note: See 35 P.S. § 7210.303.
(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[2]), 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.
[2]
Editor's Note: See 35 P.S. § 7210.103.
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[1] 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.
[1]
Editor's Note: See 35 P.S. § 7210.503.
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]
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(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.
