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Township of Pocono, PA
Monroe County
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[HISTORY: Adopted by the Board of Supervisors (now Board of Commissioners) of the Township of Pocono as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Airport Zoning — See Ch. 90.
Floodplain management — See Ch. 205.
Outdoor furnaces — See Ch. 212.
Stormwater management — See Ch. 365.
Dangerous structures — See Ch. 382.
Subdivision and land development — See Ch. 390.
Zoning — See Ch. 470.
[Adopted 4-5-2004 by Ord. No. 113]
This article shall be known and may be cited as the "Pocono Township Building Code."
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 to 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the building code of Pocono Township.
Pocono Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended from time to time, and its regulations.
Administration and enforcement of the code within Pocono Township shall be undertaken in any of the following ways as determined by the Board from time to time by resolution:
A. 
By the designation of an employee of Pocono Township to serve as the Building Code Official to act on behalf of Pocono Township.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of Pocono Township.
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 Pocono Township.
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.
A Board of Appeals shall be established by resolution of the Board 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, the Board of Appeals shall be established by joint action of the participating municipalities.
A. 
All building code ordinances or portions of ordinances that were adopted by Pocono Township 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 that are in effect as of the effective date of this article 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 Pocono Township not governed by the code shall remain in full force and effect.
[Amended 9-3-2019 by Ord. No. 2019-05]
Fees and Penalties assessed by Pocono Township for the administration and enforcement undertaken pursuant to this article and the Code shall be established by the Board by resolution from time to time.
A. 
Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this article shall, upon conviction in a summary proceeding, pay a fine of not exceeding $1,000 per violation, plus all court costs and reasonable attorneys' fees incurred by Pocono Township in the enforcement proceedings, and/or be imprisoned to the extent allowed by law for the punishment of summary offenses. Each day or portion thereof that a violation exists or continues shall constitute a separate violation. Each section of this article that is violated shall also constitute a separate violation. Further, the appropriate officers or agents of Pocono Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this article. All fines, penalties, costs and reasonable attorney's fees collected for the violation of this article shall be paid to Pocono Township for its general use.
B. 
In addition to the fines, judgments, and/or imprisonment remedies of Subsection A, the Board reserves the right to pursue independent and cumulative remedies at law or equity including a demand for reimbursement of all court costs and reasonable attorney fees.