Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 45.
Electrical standards — See Ch. 84.
Fire prevention — See Ch. 94.
Floodplains — See Ch. 97.
Mechanical standards — See Ch. 121.
Plumbing — See Ch. 133.
Property maintenance — See Ch. 135.
Subdivision of land — See Ch. 158.
Zoning — See Ch. 181.
[Adopted 12-2-1996 by Ord. No. 1996-6]

§ 60-1 Uniform Construction Code.

[Added 5-24-2001 by Ord. No. 2004-8[1]]
A. 
This Municipality 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, and its regulations.
B. 
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 references as the municipal building code of this Municipality.
C. 
Administration and enforcement of the Code within this Municipality shall be undertaken in any of the following ways as determined by the governing body of this Municipality from time to time by resolution:
(1) 
By the designation of an employee of the Municipality to serve as the municipal code official to act on behalf of the Municipality;
(2) 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Municipality;
(3) 
By agreement of one or more municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
(4) 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Municipality;
(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.
D. 
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 Board of Appeals shall be established by joint action of the participating municipalities.
E. 
Effect on other ordinances.
(1) 
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 requirements of the Code, as amended from time to time.
(2) 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this section and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.
(3) 
All relevant ordinances, regulations and policies of this Municipality not governed by the Code shall remain in full force and effect.
F. 
Fees assessable by the Municipality for the administration and enforcement undertaken pursuant to this section and the Code shall be established by the governing body by ordinance from time to time.
[1]
Editor's Note: Former § 60-1, Adoption of standards, was repealed 5-24-2004 by Ord. No. 2004-7. See § 60-2.

§ 60-2 Repealer.

[Amended 5-24-2004 by Ord. No. 2004-7]
The Town Council of the Municipality of Kingston does hereby repeal former Municipal Code § 60-1 relating to the BOCA National Building Code.

§ 60-3 Construction inspection fees.

[Added 5-24-2004 by Ord. No. 2004-9[1]; amended 3-1-2010 by Ord. No. 2010-2; 5-2-2011 by Ord. No. 2011-1]
A. 
Where the total valuation of construction work is in the following ranges, the corresponding fee is as follows:
Value of Construction
Fee
$0 to $499.99
$40
$500 to $2,499.99
$75
$2,500 to $4,999.99
$100
$5,000 to $7,499.99
$125
$7,500 to $10,000
$150
For each $1,000 or portion thereof of work involved over and above the sum of $10,000, an additional fee of $10 per $1,000 shall be charged.
B. 
In addition to the fees set forth in the foregoing schedule, any fee imposed by the Commonwealth of Pennsylvania is assessed.
C. 
Permit fees, exclusive of the Commonwealth of Pennsylvania imposition, are doubled for work started prior to required permits being obtained.
D. 
The amount of the permit fee for each construction value range and the administrative fee may be amended from time to time by resolution of Kingston Council.
[1]
Editor's Note: This ordinance also repealed former § 60-3, Modifications and amendments, as amended 12-9-1998 by Ord. No. 1998-11.

§ 60-4 (Reserved) [1]

[1]
Editor's Note: Former § 60-4, Effect on other actions, was superseded 5-24-2004 by Ord. No. 2004-8. See § 60-1.
[Adopted 1-9-1990]

§ 60-5 Installation in certain buildings required.

A. 
All new construction of residential multi-occupancy apartment buildings, commercial and manufacturing buildings or secured areas to which access is controlled by the owner or occupier thereof, after the effective date of this Article, shall be constructed so as to provide for the installation of an armored tamperproof key box or receptacle in an area or place easily and promptly accessible by the public safety forces of the Municipality of Kingston in the event of a fire or other emergency. Said key box or receptacle and the location and placement thereof shall be approved by the Fire Chief of the Municipality of Kingston or his duly designated deputy. This provision shall not be applicable to residential multi-occupancy apartment buildings to which there is access to the apartments therein contained at all times.
B. 
The installation and placement provisions required by Subsection A aforestated shall further apply to all existing structures and secured areas therein designated, in the event that any such structure or secured area shall undergo remodeling, alteration or expansion in excess of a cost of $10,000.

§ 60-6 Contents; key to Fire Chief.

A. 
Key boxes or receptacles installed pursuant to the terms and provisions of this Article shall contain all keys necessary and requisite to provide access to all areas of the structure or secured area upon or within which installed and shall further contain a copy of the floor plan, fire alarm plan and sprinkler system plan, if any, together with information as to the location and type of any hazardous materials contained upon the premises, together with the names, addresses and telephone numbers of the owner or key management personnel to be contacted in the event of an emergency.
B. 
The building owner, manager or supervisory personnel shall provide the Fire Chief of the Municipality of Kingston with a key to permit access to the armored tamperproof key box or receptacle required by this Article for the use of the municipality's public safety forces in the event of an emergency.

§ 60-7 Inclusion in Code.

It is the intention of the Town Council of the Municipality of Kingston that the provisions of this Article shall become and be made a part of the Building Code heretofore adopted by the municipality and, in pursuance thereof, the sections of this Article may be renumbered or relettered to accomplish such intention, and that the word "ordinance" may thereupon be changed to "section," "Article" or other wording.

§ 60-8 Violations and penalties.

Any person, partnership, association or corporation violating any of the provisions of this Article shall, upon conviction thereof, be sentenced to pay a fine not to exceed the sum or amount of $500. Each day that any such violation shall continue unabated shall constitute a separate offense hereof.

§ 60-9 Copies of chapter.

A full and complete copy of this Article shall, upon adoption thereof in accordance with the provisions of the Home Rule Charter of the Municipality of Kingston, be furnished by the Municipal Administrator to all licensed building contractors conducting business within the municipality, as well as to all architectural and engineering firms located within Luzerne County, Pennsylvania, insofar as such architectural and engineering firms are known to the Municipal Administrator and the municipality's Zoning and Code Enforcement Officer. Additionally, the municipality's Zoning and Code Enforcement Officer shall provide a copy of this Article at the time application is made for a permit to construct any structure or structures designated in § 60-5A of this Article or for the remodeling, alteration or expansion thereof as provided in § 60-5B hereof.