Borough of Middletown, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Middletown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Uniform Construction Code — See Ch. 114.

Code enforcement — See Ch. 127.

Electrical standards — See Ch. 142.

Fire prevention — See Ch. 155.

Construction in flood hazard areas — See Ch. 158.

Numbering of buildings — See Ch. 190.

Subdivision of land — See Ch. 238.

Zoning — See Ch. 260.

ARTICLE I
Building Permits (§ 113-1 — § 113-7) 

[Adopted 12-9-1963 as part of Ord. No. 452,
Editor's Note: Portions of Ord. No. 452 were deleted, having been superseded by Ord. Nos. 693 and 694.
approved 12-9-1963]

§ 113-1
Permits required. 

§ 113-2
Permit form and application. 

§ 113-3
Display of placard. 

§ 113-4
Failure to obtain permit. 

§ 113-5
Inspections. 

§ 113-6
Enforcement. 

§ 113-7
Effective period of permit. 

§ 113-1 Permits required.

A. 

No person shall erect, construct, enlarge, alter, move, renovate, remove, convert or demolish any building or structure in the Borough or cause the same to be done without first obtaining a separate building permit for each building or structure involved.

B. 

Permits are not required for repairs, service maintenance work, or in-kind replacement at any existing residential dwelling, or associated accessory building, where:

[Amended 10-15-1979 by Ord. No. 759, approved 10-15-1979; 4-5-1993 by Ord. No. 1039, approved 4-5-1993; 7-11-2005 by Ord. No. 1194, approved 7-11-2005]

(1) 

The aggregate value of the repair(s) or service work is equal to or less than $1,000;

(2) 

Said work is to be conducted by the owner or occupant themselves, with no assistance by a building contractor and/or construction professional;

(3) 

Said work does not alter the structural, plumbing or electric system or primary or ancillary use of the building and/or structure;

(4) 

Said work does not alter the mechanical system(s) functionality and/or includes only in-kind replacement of mechanical system(s) device(s);

(5) 

Said work does not alter the ingress/egress and/or accessibility capabilities of the structure;

(6) 

Proof of the above is provided to the satisfaction of the Code Enforcement Officer.

C. 

Any person who begins any repair work for which no charge for a permit would normally be made but does so without first reporting the same to the Code Enforcement Officer and obtaining a permit for the work free of charge shall be assessed a permit fee of $4.

[Added 11-9-1970 by Ord. No. 577, approved 11-9-1970; amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]

D. 

Painting does not require a permit. However, the application of any siding (brick, block, stone, coating or facing of any type, shingles, aluminum or composition siding, etc.) and the installation or construction of any type of permanent awnings, storm doors, storm windows, window boxes, planters, covered carports, swimming pools, chimneys, retaining walls, porches and fences requires a permit, and the fee shall be in accordance with those shown in Chapter 127, Code Enforcement.

E. 

Permits are required for any sidewalks, curbs, driveways, patios or carport slabs, but no fee will be charged for the erection or construction of any sidewalks or curbs.

[Amended 8-21-1978 by Ord. No. 734, approved 8-21-1978]

§ 113-2 Permit form and application.

[Amended 11-12-1973 by Ord. No. 641, approved 11-12-1973; 8-21-1978 by Ord. No. 734, approved 8-21-1978]

Such permit shall be on a form prescribed by the Borough and issued by the Borough at the Borough Administrative Office, Middletown, Pennsylvania. An application for a permit shall be submitted in such form and shall include such information as may be required by the Borough Manager or Code Enforcement Officer, including the full names and addresses of the applicant and of the owner, in the practical sense of the person entitled to control said premises and order said work (e.g., in case of a ground rental, the person in possession under long-term lease), and, if the owner is a corporate body, of its responsible officer. The application shall describe briefly the proposed work and shall give such additional information and shall be accompanied by such drawings of the proposed work as may be required by the Borough Manager or Code Enforcement Officer for an intelligent understanding of the work proposed. Applications shall be made by the owner or lessee or agent of either or the architect, engineer or builder employed in connection with the proposed work. When the application is made by a person other than the owner, it shall be accompanied by a duly verified affidavit of the owner that the owner has authorized the proposed work and the making of such application by said person. The Borough Manager or Code Enforcement Officer shall examine applications for permits within a reasonable time after filing. If, after examination, he finds no objections to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto and the proposed construction or work will be safe, he shall approve such application and issue a permit for the proposed work as soon as practicable; otherwise, he shall reject such application. All work performed under a permit shall conform to the approved application and plans. Unless and until such permit shall have been issued, and then only when and so long as the placard required by § 113-3 herein is prominently displayed in connection with said work, no such work shall be performed, commenced, continued or completed by any person, including but not limited to any person contracting to perform such work or any part thereof. The Borough Manager or Code Enforcement Officer is hereby authorized to promulgate rules and regulations to effectuate the intent of this section. Any person, firm or corporation, including owner, tenant, contractor or laborer, performing work without a permit shall be liable for prosecution under Article II of this chapter.

§ 113-3 Display of placard.

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]

Upon issuance of the building permit, the Code Enforcement Officer shall issue a placard bearing the permit number, dates and location, which must be prominently displayed and must remain in public view until such work is completed.

§ 113-4 Failure to obtain permit.

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]

Where work for which a permit is required by this article is started or proceeded with prior to obtaining said permit, the fees shall be doubled, but payment of such double fee shall not relieve any person from fully complying with the requirements of this article in the execution of the work nor from any other penalties prescribed by this article.

§ 113-5 Inspections.

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]
A. 

All construction work shall be subject to inspection by the Code Enforcement Officer to ascertain compliance with the provisions of this article and any other ordinances or laws which are applicable in the Borough and enforced by local officials.

B. 

It is the responsibility of the owner or builder to notify the Code Enforcement Officer and request an inspection of the construction site location before permanent work is done to ascertain compliance with front, side and rear yard requirements of the Zoning Ordinance.

Editor's Note: See Ch. 260, Zoning.
Permanent construction, such as pouring concrete, erecting foundations, etc., will not be done until the Code Enforcement Officer has approved the construction site location.

C. 

If there is evidence at any inspection period that any requirement of the law or any applicable part of this article has not been complied with, the Code Enforcement Officer shall report such fact to the proper Borough official, who shall commence prosecution under such law or ordinance or take the necessary steps to secure compliance otherwise. The fact of completion and inspection of such work shall be noted upon the original application for the permit, which shall be kept on file in the Borough Administrative Offices.

§ 113-6 Enforcement.

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]
A. 

The Code Enforcement Officer is authorized and directed to enforce all the provisions of this article, and, for such purposes, he shall have the power of a police officer.

B. 

Whenever any building work is being done contrary to the provisions of this article, the Code Enforcement Officer may order the work stopped as provided in Chapter 127, Code Enforcement.

§ 113-7 Effective period of permit.

[Amended 8-21-1978 by Ord. No. 734, approved 8-21-1978; 4-6-1987 by Ord. No. 943, approved 4-6-1987]

Building permits, except demolition permits, are in effect and legal for a period of one year from the date of issue. Any permit issued shall become invalid if the authorized work is not completed within a period of one year from the date of issuance of the permit. However, if an application, in writing, accompanied by a fee of $5 hereby prescribed, is filed with the Code Enforcement Officer prior to such expiration date of the permit, the Code Enforcement Officer may extend the same for a maximum additional period of one year. Otherwise, a new permit and fee is required. Likewise, if work has not been completed prior to the expiration of the additional year, in case of such extension, a new permit and fee is required. Such extension is contemplated in the event that the Code Enforcement Officer determines that only a minor portion of the work remains to be done. He may require, as a condition to any extension, that the application specify the time for completion and shall so require when a major portion of the work remains to be done. Said application for extension shall be deemed an application for a building permit within the meaning of this article.

Editor's Note: Former Art. II, Building Standards, adopted 9-7-1993 by Ord. No. 1043; and former Art. III, One- and Two-Family Dwelling Standards, adopted 7-1-1996 by Ord. No. 1089, were repealed 7-11-2005 by Ord. No. 1194, approved 7-11-2005. This ordinance also amended former Art. IV, Uniform Construction Codes, and renumbered it as Ch. 114.