[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 4-20-2004
by Ord. No. 4-2004. Amendments noted where applicable.]
The Borough hereby elects to administer and enforce the provisions of
the Pennsylvania Construction Code, Act 45 of 1999, 35 P.S. §§ 7210.101
through 7210.1103, as amended from time to time, and the regulations of the
Act as promulgated by the Pennsylvania Department of Labor and Industry.
A.
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, as amended, by Chapter 77, Chapter 107, Chapter 119, Chapter 163 and Chapter 192 of the Code of the Borough of Kutztown, by reference as the Building (Construction) Code of the Borough.
B.
In addition to the codes, sections and appendix set forth
in § 403.21, Uniform Construction Code, as being adopted and incorporated
by reference, this chapter adopts and incorporates the ICC Property Maintenance
Code, 2003, and the remainder of the appendix of the codes set forth in § 403.21(a)
of the Act.
[Amended 12-1-2004 by Ord. No. 24-2004; 5-24-2005
by Ord. No. 17-2005]
A.
The administration and enforcement of the code within
the Borough of Kutztown shall be undertaken by the Borough by appointing the
Director of Construction and Property Inspection as the Building Code Official
as defined in the code.
B.
Building permits.
(1)
Pursuant to and in accordance with State Act 92 of 2004, Section 104(B), the Borough Of Kutztown shall require permits for residential alterations and repairs pursuant to the International Residential Code 2003, Chapter 1, Section 105, or any subsequent edition thereof.
(2)
Pursuant to and in accordance with State Act 92 of 2004,
Section 104(B), the Borough Of Kutztown shall require building permits for
all residential utility and miscellaneous use structures of 200 square feet
or more.
The Borough Council shall by resolution or ordinance appoint, either
alone or jointly with other municipalities, a Board of Appeal as set forth
in the Code.
The following chapters of the Kutztown Code are amended so as to provide
requirements that exceed the minimum requirements of the Code and which were
adopted prior to July 1, 1999, and are more fully set forth in said chapters:
Fees for the administration, inspections, and enforcement of the Code
shall be established by resolution from time to time by the Council of the
Borough.
Any person, partnership, corporation, trust or other entity who or which
shall fail to comply with any of the requirements hereof or repair a building
or structure in violation of an approved plan or directive of the Code Official
or other authorized person or of a permit or certificate issued under the
provisions of this Code shall, upon conviction thereof, be sentenced to pay
a fine of not less than $50 nor more than $1,000. In default of payment of
the fine by any convicted person, partnership, corporation, trust or other
entity, such person, the members of such partnership, the officers of such
corporation or the trustees of such trust or the persons responsible for the
operation of any other entity shall be liable to imprisonment for not more
than 60 days. Each day that a violation is continued shall constitute a separate
offense.
This chapter shall be effective five days after the enactment of same.
Should any part of this chapter be held unconstitutional, illegal, or
unenforceable by any count of competent jurisdiction, such invalidity shall
not effect, impair, nullify, or otherwise prevent the enforcement of the remainder
of this chapter.
