[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.]
[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:
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.
