[HISTORY: Adopted by the Borough Council of the Borough of Sinking Spring 6-3-2004 by Ord. No. 533. Amendments noted where applicable.]
The Borough of Sinking Spring 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 in 34 Pa. Code, Chapters 401 to 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the building code of the Borough of Sinking Spring.
Administration and enforcement of the Code within the Borough of Sinking Spring shall be undertaken in any of the following ways, as determined by the Council of the Borough of Sinking Spring from time to time by resolution:
A. 
By the designation of an employee of the Borough of Sinking Spring to serve as the Borough of Sinking Spring Building Code Official to act on behalf of the Borough of Sinking Spring;
B. 
By the retention of one or more code enforcement officials or third-party agencies to act on behalf of the Borough of Sinking Spring;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Borough of Sinking Spring;
E. 
By entering into agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous-use structures.
A board of appeals shall be established by resolution of the governing body of this municipality in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said boards of appeals shall be established by joint action of the participating municipalities.
A. 
All building code ordinances or portions of ordinances which were adopted by this municipality on or before July 1, 1999, and which equal or exceed the requirements of the Code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirement of the Code, as amended from time to time.
B. 
All building code ordinances or portions of ordinances which 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 relevant ordinances, regulations and policies of this municipality not governed by the Code shall remain in full force and effect.
D. 
Climatic, geographic and inside/outside environmental standards for the local area, as required by the respective codes, are to be established by the Borough of Sinking Spring through separate resolution.
Fees assessable by the Borough of Sinking Spring for the administration and enforcement undertaken pursuant to this chapter and the Code shall be established by the Borough of Sinking Spring through resolution from time to time.
[Amended 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 attorneys' 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 Berks County.
The provisions of this chapter are severable, and if any section, sentence, clause or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses or provisions of this chapter. It is hereby declared to be the intent of the Board that this chapter would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause or provision had not been included herein.
The provisions of this chapter, so far as they are the same as those of ordinances and regulations in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and regulations and not as new enactments. The provisions of this chapter shall not affect any act done or liability incurred, nor shall they affect any suit of prosecution pending or to be instituted to enforce any repealed ordinances or regulations.