Ordinance #312-84: An Ordinance Requiring Building Permits

An ordinance of the Borough of Darlington, Beaver County, Pennsylvania, requiring all person, partnerships, businesses and corporations to obtain a building permit for the construction, reconstruction, enlargement, alteration, or relocation of any building or structure; providing for the issuance of such building permits; and providing for penalties for any persons who fail or refuse to comply with the requirements or provisions of this ordinance.

Be it ordained and enacted and it rs hereby ordarned and enacted by the Council of the Borough of Darlington, County of Beaver and Commonwealth of Pennsylvania.

Sec. 1.   Statement of Intent

  1. It shall be un awful for any person partnership, business, or corporation to under­ take or cause to be undertaken the construction, reconstruction, enlargement, al­ teration, or relocation of any building a structure unless an approved building permit has been obtained from the Municipal Building Permit
  2. A building permit shall not be required for repairs to existing buildings or struc­ tures, provided that no structural changes or modifications are

Sec. 2. Definitions

For the purpose of this Ordinance, the following definitions shall apply:

Building…………A combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.

Person……………Any person, persons partnerships, business, or corporation.

Structure a combination of materials to form anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, factories, sheds, cabins, mobile homes, carports, porches, driveways, swimming pools, and other similar items.

Sec. 3. Application Procedure

Application for such building permit shall be made in writing to the Building Permit Offic­ er on forms supplied by the municipality. Such application shall contain at least the fol­ lowing:

  1. Name and address of
  2. Name and address of owner of land on which proposed construction is to
  3. Name and address of
  4. Site
  5. Brief description of proposed work and estimated
  6. A plan of the site showing the exact size and location of the proposed construc­ tion as well as any existing buildings or structures.

Sec. 4. Issuance of Permit

The Building Permit Officer shall issue a building permit only after it has been deter­ mined that the proposed construction will be in conformance with all applicable require­ ments and regulations.

Sec. 5. Permit Changes

After the issuance of a building permit by the Building Permit Officer, no changes of any kind shall be made to the application, permit, or any of the plans specifications or other documents submitted with the application without the written consent or approval of the Building Permit Officer.

Sec. 6. Placards

In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This pla­ card shall show the number (#) of the building permit, the date of issuance and be signed by the Building Permit Officer.

Sec. 7. Start of Construction

Work on the proposed construction shall begin within six (6) months after the date of issuance of the permit or the permit shall expire unless a time extension is granted in writing by the Building Permit Officer. Construction shall be considered to have started with the first placement of permanent construction of the site, such as the pouring of

slabs of footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent fram­ ing or assembly of the structure or any part thereof on its pilings or foundation or the af­ fixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling; excavation for basement, footings, piers, or foundation; erection of temporary forms; the installation of piling under proposed subsurface footings; or the installation of sewer, gas, and water pipes, or electric or other service lines from the street.

Sec. 8. Inspection and Revocation

During the construction period, the Building Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. In the event the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws or ordinances, or that there has been a false statement or representation by any applicant, the Building Permit Officer shall revoke the building permit and report such fact to the Borough Council for whatever action it considers necessary.

)       Sec.9. Fees

Application for a building permit shall be accompanied by a fee, payable to the munici­ pality, based upon the estimated cost of the proposed construction as determined by the Building Permit Officer at the following rates:

Estimated Cost Fee
$0.00 — $200.00 $0.00
$201.00 – $1,000.00 $5.00
Each additional $1,000  
Or part thereof $1.00
Sec. 10. Appeals

Any person aggrieved by the Building Permit Officers estimate of the cost of the pro­ posed construction may appeal to the Borough Council. Such appeal must be filed in writing within 30 days after the determination by the Building Permit Officer. Upon re­ ceipt of such appeal, the Borough Council shall set a time and place not less than 10, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and

place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination of the estimated cost by the Borough Council shall be final in all cases.

Sec. 11. Penalties

Any person who fails to comply with any or all of the requirements or provisions of this Ordinance, or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the municipality shall be guilty of an offense and upon conviction, shall pay a fine to the Borough of Darlington of not less than $25.00, nor more than $100.00 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prisons for a period not to ex­ ceed 10 days. Each day during any violation of this ordinance continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby re­ served, including an action in equity for the proper enforcement of this ordinance. The imposition of a fine or penalty for any violation of, or non-compliance with, this ordin­ ance shaU not excuse the violation or non-compliance or permit it to continue; and all such persons shall be required to correct or remedy such violations and constructed, reconstructed, enlarged, altered, or relocated, in non-compliance with this ordinance may be declared by the Borough Council to be a public nuisance and abatable as such.

Sec. 12. Severability Clause

If any section, paragraph, sentence, or phrase of the ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect. For this purpose the provi­ sions of this ordinance are hereby declared to be severable.

Sec. 13. Effective Date

Adopted by the Borough Council of the Borough of Darlington, this 24th day of October, 1984. This ordinance shall become effective upon its adoption.

George E. Wilson, Jr., President of Council

Attest:          M. Benois Ellis, Secretary of Council Approved this 24th day of October, 1984.

John E. Tress, Mayor


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