[HISTORY: Adopted by the Borough Council of the Borough of Pen Argyl 3-4-1974
by Ord. No. 373, approved 3-4-1974. Amendments
noted where applicable.]
There is hereby adopted by the Borough of Pen Argyl for the purpose
of establishing rules and regulations for the construction, alteration, removal,
demolition, equipment, use and occupancy, location and maintenance of buildings
and structures, that certain Building Code known as the abbreviated edition
of the National Building Code recommended by the American Insurance Association,
successor to the National Board of Fire Underwriters, being particularly the
1967 Edition thereof and the whole thereof, save and except such portions
as are hereinafter deleted, modified or amended by this chapter or by ordinance
properly adopted, of which Building Code not less than three copies have been
and now are filed in the office of the Building Official and Zoning Officer
of the Borough of Pen Argyl, Northampton County, Pennsylvania, and the same
are hereby adopted and incorporated as fully as if set forth at length herein,
and from the date on which this chapter shall take effect, the provisions
thereof shall be controlling in the construction of all buildings and structures
therein contained within the corporate limits of the Borough of Pen Argyl,
Northampton County, Pennsylvania.
For the purpose of this chapter, the following definitions shall apply:
A combination of materials to form a permanent structure having walls
and a roof. Included shall be all mobile homes and trailers to be used for
human habitation.
Any person, persons, partnership, business or corporation.
A combination of materials to form anything permanently affixed to
or in the ground or to any other building or structure permanently affixed
to or in the ground, including but not limited to such things as driveways,
carports, porches and swimming pools.
A.
It shall be unlawful for any person to undertake or cause
to be undertaken the construction, reconstruction, enlargement, alteration
or relocation of any building or structure unless a building permit has been
obtained from the Building Official.
B.
A building permit shall not be required for repairs to
existing buildings or structures, provided that no structural changes or modifications
are involved.
A.
The office of Building Official is hereby created and
the executive official in charge shall be known as the "Building Official."
B.
The Building Official shall be appointed by the Council
of the Borough of Pen Argyl. His appointment shall continue during good behavior
and satisfactory service.
C.
During temporary absence or disability of the Building
Official, the appointing authority shall designate an Acting Building Official.
D.
Nothing in this chapter shall be construed to prevent
the Building Official from also holding the office of Zoning Officer of the
Borough of Pen Argyl.
Application for a building permit shall be made in writing to the Building
Official on forms supplied by the Borough of Pen Argyl through either the
Building Official or the Zoning Officer. Such application shall contain at
least the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
is to occur.
C.
Name and address of contractor.
D.
Site location.
E.
Brief description of proposed work and estimated cost.
F.
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or structures.
The Building Official shall issue a building permit only after it has
been determined that the proposed undertaking will be in conformity with all
applicable requirements and regulations, including but not limited to the
Building Code and Zoning Code of the Borough of Pen Argyl.[1]
After the issuance of a building permit by the Building Official, no
changes of any kind shall be made to the application, permit, plans, specifications
or any other documents relevant to the building permit or application for
the same without the consent or approval of the Building Official, which consent
or approval shall be in writing, signed by the Building Official.
In addition to the building permit, the Building Official shall issue
a placard which shall be displayed on the premises during the time of construction.
This placard shall contain the number of the building permit and the date
of its issuance and shall be signed by the Building Official.
Work on the undertaking for which the permit has been granted shall
begin within six months after the date of the issuance of the building permit.
Failure to begin construction as aforementioned shall cause the building permit
to expire unless an extension of time is granted in writing by the Building
Official. Construction shall begin with the first placement of permanent construction
on the site for either a building or structure, but the term does not include
land preparation; land clearing; grading; filling; excavation for basement,
footing, piers or foundations; erection of temporary forms; the installation
of piling under proposed subsurface footings; or the installation of sewer,
gas and water pipes or electric or other service lines.
The Building Official, in the discharge of his official duties and upon
proper identification, shall have authority to enter any building, structure
or premises at any reasonable hour.
During construction the Building Official may inspect the premises to
determine that work is progressing in compliance with the building permit
and with all applicable municipal laws and ordinances. In the event the Building
Official discovers that the work violates any of the above, the Building Official
shall revoke the building permit, and all work shall stop.
[Amended 6-7-1988 by Ord. No. 458,
approved 6-7-1988; 3-4-2003 by Ord.
No. 587, approved 3-4-2003]
Application for a building permit shall be accompanied by a fee, payable
to the Borough of Pen Argyl, based upon the estimated cost of the proposed
improvement as determined by the Building Official. The exact amount of such
fee shall be as fixed by resolution of the Council of the Borough of Pen Argyl.
Any person aggrieved by the Building Official's estimate of the cost
of the proposed undertaking may appeal to the Zoning Hearing Board of the
Borough of Pen Argyl. Such appeal must be filed in writing on or before the
30th day following the determination by the Building Official. Upon receipt
of such appeal, the Secretary of the Zoning Hearing Board of the Borough of
Pen Argyl shall set a time and place, not less than 10 days nor more than
30 days after receipt of the appeal, for the purpose of hearing the appeal.
Notice of the time and place of the hearing of the appeal shall be given to
all parties, at which time they may appear and be heard. The cost of the appeal
shall be borne by the person taking said appeal, which cost shall be fixed
by resolution of the Council of the Borough of Pen Argyl. The determination
of the estimate of the cost of the proposed undertaking by the Zoning Hearing
Board of the Borough of Pen Argyl shall be final in all cases.
[Amended 5-17-1976 by Ord. No. 380,
approved 5-17-1976]
Any person who fails to comply with any or all of the requirements or
provisions of this chapter or who fails or refuses to comply with any notice,
order or direction of the Building Official or any other authorized employee
of the Borough of Pen Argyl shall be guilty of an offense and, upon conviction,
shall pay a fine to the Borough of Pen Argyl of not more than $300 plus costs
of prosecution. In default of such payment, such person shall be imprisoned
in the county prison for a period not to exceed 30 days. Each day during which
any violation of this chapter continues shall constitute a separate offense.
In addition to the above penalties all other actions are hereby reserved,
including an action in equity for the proper enforcement of this chapter.
The imposition of a fine or penalty for any violation of or noncompliance
with this chapter shall not excuse the violation or noncompliance or permit
it to continue; and all such persons shall be required to correct or remedy
such violations and noncompliances within a reasonable time. Any structure
or building constructed, reconstructed, enlarged, altered or relocated in
noncompliance with this chapter may be declared by the Borough of Pen Argyl
to be a public nuisance and abatable as such.
