[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg 3-2-2004
by Ord. No. 777. Amendments noted where applicable.]
The Borough of Shippensburg hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 through 7210.1103, as amended from time
to time.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401
through 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of the Borough of Shippensburg.
A.
Administration and enforcement of the Code within the
Borough shall be undertaken in any of the following ways, as determined by
the Borough Council by resolution, from time to time:
(1)
By the designation of an employee of the Borough to serve
as the Borough Code Official to act on behalf of the Borough;
(2)
By the retention of one or more construction code officials
or third-party agencies to act on behalf of the Borough;
(3)
By agreement with one or more other municipalities for
the joint administration and enforcement of the standards through an intermunicipal
agreement;
(4)
By entering into a contract with another municipality
for the administration and enforcement of the standards on behalf of this
Borough;
(5)
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.
A Board of Appeals shall be appointed by the Borough Council in conformity
with the Code, as amended from time to time, for the purposes set forth therein.
If at any time enforcement and administration is undertaken jointly with one
or more other municipalities, said Board of Appeals shall be established by
joint action of the participating municipalities.
A.
All building code ordinances or portions of ordinances previously adopted by the Borough, including but not limited to the provisions of Chapter 78 of the Code of Ordinances of the Borough, which exceed the requirements of the Code shall continue in full force and effect.
B.
All building code ordinances or portions of ordinances
previously adopted by the Borough with requirements less than the minimum
requirements of the Code are hereby rescinded and shall be considered null
and void.
C.
All relevant ordinances, regulations and policies of
the Borough not governed by the Code shall remain in full force and effect.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this chapter and the Code shall be established by the
Borough by resolution from time to time.
A.
A building permit shall be required for all construction work done within the Borough, in accordance with the provisions of Chapter 78 of the Code of Ordinances of the Borough (hereinafter referred to as "Chapter 78") or as otherwise required under the Code.
B.
Application for such permits shall be made to the Borough and shall be accompanied by the requisite fee, as provided in Chapter 78 or herein, and a drawing or other descriptive material sufficient to permit the Borough to determine that the work in all respects complies with Chapter 78 and the Code adopted hereby.
C.
Upon completion of a project, for which a building permit
has been issued, the permittee must obtain an occupancy permit issued by the
Borough prior to occupancy of the structure. No occupancy permit will be issued
until the Borough is notified by the inspection agency that the project has
passed inspection.
Before a building or occupancy permit is issued under this article,
the applicant shall pay to the Borough an administration fee as established
by Borough by resolution from time to time.
A.
In the event the Borough shall certify one or more agencies to provide inspections under the Code, an applicant may select any agency from among such approved agencies. Coordination of inspections and payment for services will be the responsibility of the permittee and the agency. Payment for inspection services hereunder is in addition to permit fees referred to in § 80-8 above, and payment thereof is solely the permittee's responsibility.
B.
Inspection agencies seeking appointment by the Borough
to engage in the business of building inspection hereunder shall apply in
writing to the Borough Manager. Said application shall:
(1)
Include the name and addresses of all persons who have
a beneficial or financial interest in the petitioner's business or engage
in an executive, managerial, or supervisory capacity in connection with the
operation of the code enforcement portion of the petitioner's business.
(2)
Provide an outline of the inspection agency's experience,
including the training, education, experience and other qualifications of
its inspectors and supervisors. The agency shall also furnish the Borough
with any and all supporting data deemed necessary by the Manager and /or Borough
Council to properly evaluate the qualifications of the petitioner.
(3)
Provide a letter or copy of certification as an approved
inspection agency by the Department of Labor and Industry, Commonwealth of
Pennsylvania.
(4)
Procure and keep in force and effect insurance policies,
naming the Borough of Shippensburg as an additional insured thereof, at a
minimum, the following kinds and amounts of insurance coverage:
(a)
Workers compensation and occupational disease insurance
with statutory limits and employers' liability coverage with a limit
of no less than $1,000,000 per person, per occurrence.
(b)
Public liability insurance with bodily injury limits
of no less than $1,000,000 per occurrence and property damage limits of no
less than $1,000,000 aggregate for:
[1]
Premises operations; and
[2]
Products or complete operations coverage, to become effective
upon completion of the work; and
[3]
Contractual liability coverage for indemnity by agency
clause; and
[4]
Contractor's protective liability coverage for all
operations responsibilities sublet to others related to inspection services
hereunder.
(c)
Automobile liability insurance under comprehensive form
with limits on bodily injury of no less than $1,000,000 per person and $1,000,000
per occurrence and with property damage limits of no less than $1,000,000
per occurrence covering all owned and hired vehicles used by the agency while
performing inspection operations in the Borough.
(d)
Errors and omissions insurance to cover losses which
are a consequence of negligent professional services of the agency, with limits
of no less than $1,000,000 per claim and $1,000,000 aggregate.
(5)
Furnish the Borough with a certificate of insurance signed
by an authorized representative of the agency's insurance underwriter
giving evidence of the required insurance coverage. If such policies are canceled
or changed so as to reduce the insurance coverage, written notice by certified
mail of such cancellation or change shall be delivered to the Borough at least
30 days prior to the effective date of such cancellation or change.
(6)
Provide a schedule of rates to be charged, including
a detailed explanation of any variance in the fees, such as discount, special
fees and classifications. Customers shall not be charged rates other than
those filed by the agency with the Borough of Shippensburg. All rates and
fees shall be comparable to industry standards.
(7)
Agree to notify the Borough Manager of all inspection
personnel changes within two weeks of such change.
(8)
Maintain a place of business within the Commonwealth
of Pennsylvania and:
(a)
File with the Borough its office address, telephone numbers
and business hours; and
(b)
Have available in its offices the current approved rate
schedule; and
(c)
Have a minimum of two certified inspectors available
during normal business hours for inspections hereunder; and
(d)
Have a toll-free number available to residents of the
Borough; and
(e)
Furnish to the Borough a current list of names, addresses
and telephone numbers of responsible officials to be contacted after normal
office hours in the event of an emergency. The Agency shall update such information
as is appropriate.
The applicant shall give the inspection agency no less than 48 hours'
advance notice for any requested inspection service.
A.
Failure to obtain a permit. In the event that an owner
commences construction without first having obtained a permit as required
hereunder, a penalty of 25% of the established fee for said permit shall be
added thereto. It shall be a violation of this chapter to inhabit or occupy
any project without first having obtained an occupancy permit as required
hereunder.
B.
Stop-work order. The Borough Manager or his/her designee
is hereby authorized to issue an order stopping all construction by an owner
who has failed to secure any permits required hereunder.
C.
Appeals. The owner may appeal any decisions of the Borough
Manager or his designee by filing objections with the Codes Appeals Board,
in writing, not more than 10 days following such decision. The Board shall
hold a hearing and render a decision not more than 60 days from the receipt
of such appeal.
D.
Penalties. Any violation of any provision of this chapter
shall constitute a summary offense and shall, upon conviction thereof, be
punished by a fine of not more than $1,000 and the costs of prosecution. Each
day of violation shall constitute a separate violation hereunder.
