[Ord. 2004-1, 6/1/2004]
This ordinance shall be known and may be cited as the "Jonestown Borough Construction Code Ordinance," and may be referred to herein as the "Code," and hereby amends the applicable Code of Ordinances of the municipality.
[Ord. 2004-1, 6/1/2004]
The purpose of this ordinance is to promote the general health, safety and welfare of the residents of Jonestown Borough, to conform to the requirements of the Pennsylvania Uniform Construction Code Act, to comply with the regulations issued by the Pennsylvania Department of Labor and Industry within the Pennsylvania Uniform Construction Code (UCC), including all standards, codes and other information incorporated herein and to adopt administrative and enforcement regulations.
[Ord. 2004-1, 6/1/2004]
Jonestown Borough (hereinafter sometimes referred to as "municipality") hereby adopts and incorporates by reference the Pennsylvania Uniform Construction Code, as contained in the Pennsylvania Construction Code Act, 35 P.S. § 7210.101, et seq., and its regulations in 34 Pa. Code, Chapters 401 through 405 and amendments thereto, and declares this to be the Jonestown Borough Construction Code Ordinance, referred to herein as the "Code."
[Ord. 2004-1, 6/1/2004]
The Code and regulations shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of all buildings and structures and shall apply to existing or proposed structures, unless exempted by the Pennsylvania Uniform Construction Code (UCC). All other ordinances of the municipality which are more stringent shall apply. It shall be the joint responsibility of the owner, lessee, if any, and the contractor to obtain the required Code permit before performing any work.
[Ord. 2004-1, 6/1/2004]
1. 
In accordance with and in addition to the administrative provisions of the Pennsylvania Construction Code Act (Act 45 of 1999), the Pennsylvania Uniform Construction Code (UCC), and the Pennsylvania Department of Labor and Industry Regulations, the following administrative and enforcement requirements shall be part of the Code and are hereby enacted:
A. 
Administration.
(1) 
The administration and enforcement of the Act, the Code, and the regulations is hereby delegated to the County of Lebanon by virtue of a separate contract authorizing the Building Code Official of the Lebanon County Planning Department to administer and enforce the Act, the Code, and the regulations on behalf of the municipality. For purposes of this ordinance, the term "Building Code Official" shall include all employees and contracted agents of the Lebanon County Planning Department who are Building Code Officials, Code Administrators, Construction Code Officials, current Code Administrators or individuals similarly licensed and/or certified by the Commonwealth of Pennsylvania to perform Code work.
(2) 
The Building Code Official shall have all the powers and duties set forth in the Act, Pennsylvania Uniform Construction Code (UCC), this ordinance, the contract with the County of Lebanon and the regulations. Specifically, in addition to such other powers and duties provided, the Building Code Official shall be authorized to receive Code permit applications; issue Code permits; deny Code permit applications; collect fees for permits, plan reviews and inspections; make inspections and require such work to be performed as may be necessary to carry out the provisions of the Act, the Code, and the regulations; issue certificates of occupancy; and enter buildings and premises within normal business hours or at other times with permission of the owner or contractor. Additionally, the Building Code Official may perform enforcement activities including, but not limited to, issuance of notices of violation, stop-work orders, vacate orders or other legal action necessary to enforce, restrain, abate or correct violations of the Act, the Code, the regulations or this ordinance.
(3) 
The application for a Code permit shall be on forms provided by the Building Code Official. At the time of Code permit application and prior to issuance of a Code permit, the applicant shall submit to the Building Code Official two sets of construction documents with plans and specifications, all required fees, and a copy of any required zoning permit. No Code permit application shall be deemed complete without the required construction plans, fees, zoning permit copy and other required approvals. Additionally, the applicant shall pay all outstanding permit and inspection fees required during the course of construction prior to the issuance of a certificate of use and occupancy.
(4) 
The application, plan review, permit and inspection fees shall be paid by each applicant in accordance with the fee schedule established by resolution of this municipality and maintained by the Building Code Official.
(5) 
A Board of Appeals shall be established by resolution of this municipality in conformity with the requirements of the Code. Where two or more municipalities decide to establish a joint Board of Appeals, said Board of Appeals shall be established through joint action of the participating municipalities, by intermunicipal agreement in accordance with the Intergovernmental Cooperation Act.[1]
[1]
Editor's Note: See Appendix D, Section D-6, of this Code.
B. 
Violations and penalties.
(1) 
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any building, structure or equipment regulated by this Code, or to permit or cause same to be done, in conflict with or in violation of the Act, the Code, the regulations, or this ordinance.
(2) 
The Building Code Official may serve and enforce a notice of violation, stop-work order, vacate order or other lawful enforcement notice on any person responsible for the erection, construction, alteration, extension, repair, removal, demolition, use or occupancy of a building, structure or equipment in violation of the provisions of the Act, the Code, the regulations, this ordinance or any permit issued under the provisions of this Code.
(3) 
If the Building Code Official has served a notice of violation and the notice of violation is not complied with by the deadline prescribed, summary enforcement proceedings may be initiated by the Building Code Official against the violator. Additionally, appropriate proceedings at law or in equity may be instituted by this municipality and/or the Building Code Official to restrain, correct or abate a violation, to prevent unlawful construction or to prevent illegal use or occupancy of a building, structure or premises.
(4) 
Any person who shall violate a provision of the Act, the Code, the regulations, this ordinance or who shall fail to comply with any of the requirements thereof or who shall erect, construct, alter, extend, repair, remove, demolish, use or occupy, or permit the use or occupancy of any building, structure or equipment regulated by this Code in violation thereof or who shall fail to comply with an approved plan or a directive of the Building Code Official or of a permit or certificate issued under the provisions of this Code or who shall permit the use, occupancy, erection, construction, alteration, extension, removal, demolition or repair of the building, structure or equipment in violation thereof, shall, upon being found guilty in a summary enforcement proceeding commenced by this municipality or its appointed Building Code Official, pay a penalty of not less than $400 and not more than $1,000 for each violation, plus all costs of prosecution, including reasonable attorneys fees incurred, which fines or penalties may be collected as provided by law. Each day that a violation continues shall be deemed a separate offense, and each section of the Code which is violated shall be deemed a separate offense. The Building Code Official may request the local law enforcement agency to make arrests for any offense against the Code or orders of the Building Code Official affecting the immediate safety of the public.
[Ord. 2004-1, 6/1/2004]
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed, and if not inconsistent shall remain in full force and effect.
[Ord. 2004-1, 6/1/2004]
In the event any provision, section, sentence, clause, or part of this ordinance shall be held to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such invalidity, illegality, or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this ordinance, it being the intent of the municipality that the remainder of the ordinance shall be and shall remain in full force and effect.