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Borough of Hamburg, PA
Berks County
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Table of Contents
Table of Contents
[Ord. 722-2004, 6/28/2004]
1. 
The Borough of Hamburg hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, as amended from time to time, and its regulations.
2. 
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Borough of Hamburg.
3. 
Administration and enforcement of the code within this Borough of Hamburg shall be undertaken in any of the following ways, as determined by the governing body of the Borough of Hamburg from time to time by resolution:
A. 
By the designation of an employee of the Borough of Hamburg to serve as the Municipal Code Official to act on behalf of the Borough of Hamburg.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough of Hamburg.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Borough of Hamburg.
E. 
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.
4. 
A Board of Appeals shall be established by resolution of the governing body of the Borough of Hamburg 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.
5. 
A. 
All building code ordinances or portions of ordinances which were adopted by the Borough of Hamburg 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.
B. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this Part and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
C. 
All relevant ordinances, regulations and policies of the Borough of Hamburg not governed by the code shall remain in full force and effect.
6. 
Fees assessable by the Borough of Hamburg for the administration and enforcement undertaken pursuant to this Part and the code shall be established by the governing body by resolution from time to time.
7. 
If any section, subsection, sentence, or clause of this Part is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this Part.
[Ord. 778-10, 8/23/2010]
1. 
In addition to all types of construction, placement of structures, repairs, and alterations for which the Pennsylvania Uniform Construction Code requires a permit, pursuant to the authorization of Act 92 of 2004, as amended, the Borough of Hamburg shall require persons to obtain permits under the Borough of Hamburg Construction Code for all of the following:
A. 
The construction, erection, or placement of any accessory structure that is equal to or greater than 300 square feet, whether or not such accessory structure is connected to any utility.
B. 
The construction, erection, or placement of any accessory structure that is less than 300 square feet if such accessory structure is provided with any utility service. The applicant shall obtain a permit only for the purpose of inspection for the utility or utilities being installed or provided to the accessory structure.
C. 
All alterations or repairs to residential buildings that are exempt from the UCC by Act 92 of 2004; provided, however, that the following types of alterations and repairs shall continue to be exempt and no permit will be required:
(1) 
Replacement of windows and doors when there is no change in size of the existing opening.
(2) 
Reroofing not involving structural elements.
(3) 
Replacement of a water heater, or the replacement of any part of a water heater, boiler, or furnace with the same electrical and plumbing requirements.
(4) 
Addition or replacement of siding on the exterior of the residential structure.
(5) 
Repair or replacement of any nonstructural portion of a deck or porch stoop.
(6) 
Replacement of an appliance switch or receptacle with a switch or receptacle that is the same or has a like rating.
(7) 
The repair or replacement of any nonstructural member.
(8) 
The repair or replacement of any sink, toilet, tub, shower, or similar plumbing fixture without relocation of any drain or venting device.