[HISTORY: Adopted by the Borough Council
of the Borough of Downingtown 4-21-2004 by Ord. No. 2004-1. Amendments noted where
applicable.]
The Borough of Downingtown hereby elects to
administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. § 7210.101 et seq., as
amended from time to time, and its regulations now contained in 34
Pa. Code, Chapters 401-405, as amended from time to time.
Administration and enforcement of the code within
the Borough of Downingtown shall be undertaken in any of the following
ways as determined by Borough Council from time to time by resolution:
A.
By the designation of a Borough employee to serve
as the Municipal Code Official to act on behalf of the Borough;
B.
By the retention of one or more Construction Code
Officials or third-party agencies to act on behalf of the Borough;
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of the code through an
intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of the code on behalf of the
Borough;
E.
By entering into an agreement with the Pennsylvania
Department of Labor and Industry for plan review, inspections and
enforcement regarding structures other than one-family or two-family
dwelling units and/or utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution
of Borough Council in conformity with the requirements of the code
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
the Board of Appeals shall be established by joint action of the participating
municipalities.
All building code ordinances or portions of
ordinances which were adopted by the Borough of Downingtown 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 requirements
of the code.
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 to the comparable provisions of
the code.
All relevant ordinances, regulations, and policies
of the Borough of Downingtown not governed by the code shall remain
in full force and effect.
Fees assessable by the Borough of Downingtown
for the administration and enforcement undertaken pursuant to this
chapter and the code shall be established by Borough Council by the
resolution from time to time.
[Added 12-4-2013 by Ord. No. 2013-07]
In addition to all types of construction, placement of structures,
repairs, and alterations for which the Uniform Construction Code requires
a permit, the Borough pursuant to the authorization of Act 92 of 2004
shall require persons to obtain permits under the Borough of Downingtown
Construction Code for all of the following:
A.
The construction, erection, or placement of any accessory structure
which is equal to or greater than 200 square feet, whether or not
such accessory structure is connected to a utility.
B.
The installation of any utility to an accessory structure regardless
of size.
C.
The replacement or reshingling of more than 25% of the total existing
roof square footage.
D.
The construction of any deck that is at any point 12 or more inches
above the adjacent grade.
[Added 12-4-2013 by Ord. No. 2013-07]
In accordance with Section 506 of the International Fire Code,
2009 edition, where access to or within a structure or an area is
restricted because of secured openings or where immediate access is
necessary for life-saving or fire-fighting purposes, the fire code
official is authorized to require a key box to be installed in an
approved location. The key box shall be of an approved type and shall
contain keys to gain necessary access as required by the fire code
official.
A.
An approved lock shall be installed on gates or similar barriers
when required by the fire code official.
B.
The operator of the building shall immediately notify the fire code
official and provide the new key when a lock is changed or rekeyed.
The key to such lock shall be secured in the key box.
[Added 12-4-2013 by Ord. No. 2013-07]
Any person who fails to comply with the provisions of this chapter
or who fails to carry out an order made pursuant to this chapter or
who violates any condition attached to a permit, approval or certificate,
upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus court costs.
Each day that a violation of this chapter continues shall constitute
a separate offense.
