[HISTORY: Adopted by the Borough Council
of the Borough of New Salem 6-1-2004 by Ord. No. 3-2004. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 240.
The Borough of New Salem hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act
of 1999 (35 P.S. §§ 7210.101 – 7210.1103), as amended
from time to time, and its regulations as promulgated.
The Uniform Construction Code (hereinafter referred
to as the "code" or "UCC") contained in 34 Pa. Code, Chapters 401-405,
as may be amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of the Borough
of New Salem.
Administration and enforcement of the code within
the Borough of New Salem shall be undertaken in any of the following
ways as determined by the Council of the Borough of New Salem by ordinance
or resolution:
A.
By the designation of an employee of the municipality
to serve as the municipal code official to act of behalf of the municipality;
or
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the municipality;
or
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement; or
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of this
municipality; or
E.
By entering into an 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.
The Borough of New Salem shall establish a Board
of Appeals as required by Section 501(c) of the Act,[1] either by resolution of the municipality or, in the case
of joint administration with other municipalities, by joint action
of the participating municipalities as set forth in an intermunicipal
agreement.
[1]
Editor's Note: See 35 P.S. § 7210.501(c).
At the time of application for a building permit
the applicant shall pay an appropriate fee. A schedule of said fees
shall be established by resolution as adopted by the Borough of New
Salem. The Council may from time to time review the fee schedule and
revise the schedule whenever it is felt necessary. All revisions of
the fee schedule shall be made by resolution. All fees for permits
and inspections required by the UCC and this chapter and all other
ordinances shall be paid before the issuance of a use and occupancy
certificate.
A.
Nothing in
this chapter herein adopted shall be construed to affect any suit
or proceedings now pending in any court, or any rights acquired or
liability incurred, or in any cause or causes of action accrued or
existing under any act or ordinance repealed hereby. No right nor
remedy of any character shall be lost, impaired or affected by this
chapter.[1]
B.
The invalidity
of any section or provision of this chapter or the herein referenced
codes hereby adopted shall not invalidate other sections or the provisions
therein.
C.
The Building
Permit Ordinance of the Borough of New Salem, York County, Pennsylvania,
Ord. No. 1-1993, is hereby repealed for all buildings for which permits
are issued after the effective date of this chapter. It shall remain
in full force and effect for any improvements for which complete permit
applications were filed before the effective date of this chapter.
D.
All other
ordinances, regulations and policies of the Borough of New Salem not
governed by the code shall remain in full force and effect, and any
permits required by other Borough ordinances, or state or federal
statutes or regulations, which are not superseded by the code, including
but not limited to zoning, sewage, highway or NPDES permits, as applicable,
shall continue to be required.
E.
It is the
intent of this chapter that, by adopting the UCC, the Borough adopts
all building or other codes which have been adopted and mandated by
the UCC, including but not limited to the International Fuel Gas Code,
and as the UCC is amended to include or adopt new or updated versions
of any building or other codes, such codes automatically shall be
updated as part of this chapter.
Final inspections and occupancy certificates as required under or issued in conjunction with the code shall be conducted and issued with, and at the same time as, final inspections and use and occupancy certificates required by Chapter 240, Zoning. No inspection or permit shall be conducted or issued under either this chapter or Chapter 240, Zoning, separately from the other. It shall be the responsibility of the applicant to request such inspections or permits from both the Borough's Building Code Official and Zoning Enforcement Officer, who shall be responsible between them for coordination of the inspections and the issuance of the required permits within the time set by the code and Chapter 240, Zoning.
Any owner or person, as those terms are defined
in the UCC, who or which shall violate any of the provisions of this chapter
or of the UCC, or who shall fail to comply with any of the requirements
thereof, or who shall erect, construct, alter, repair or demolish
a building or structure in violation of an approved plan or directive
of the code official or of a permit or certificate issued under the
provisions of the code shall, upon conviction thereof, pay a fine
of not more than $1,000, plus all costs of prosecution which may be
collected as provided by law; or by imprisonment to the extent allowed
by law for summary offenses, or both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate offense,
and each separate offense of this chapter or the UCC shall be considered
a separate violation.
