Codes and Zoning

Senate Bill 100 was passed on October 17, 2008 and goes into effect July 1, 2009. This bill will require all home improvement contractors to be licensed with the State of Pennsylvania in order to do any work within the state of Pennsylvania. All contractors will be required to show their State Registration Number in order to obtain a building permit. For a complete copy of the Bill, stop by the Borough Office during regular business hours.

Montgomery Borough has adopted the 2009 International Building Code as its building code. In addition, Montgomery has adopted the 2003 International Property Maintenance Code as the code for all existing structures. These codes are available to the public to view at the Borough Office during regular business hours.

The Codes Enforcement/Zoning Officer is Walter J. Bohner. His office hours are Monday, Tuesday, and Wednesday 9 AM until Noon, Thursday from 3 PM – 6 PM. His direct office phone number is 570-547-6919.

All commercial and Residential construction that is required under the International Residential Code and the International Building Code is inspected through the Borough’s third party agency. This is “Code Inspections Inc., 570-547-0488″.

All construction, regardless whether it is “commercial” or “residential” must first obtain a Zoning Permit prior to a building permit. The Borough Zoning Officer issues all zoning permits at the Borough Office.

Once the Zoning Permit is obtained, an application for a building permit must be submitted and reviewed by Montgomery Borough’s third party agency, which is Code Inspections, Inc. Their phone number is 570-547-0488.

Fees greatly vary for different types of construction. In addition to the building permit fee, inspection fees may also be levied depending on the construction. For a fee schedule, contact Code Inspections, Inc at 570-547-0488.

Not all construction requires a building permit. If you are planning a project, you are advised to call the Codes Enforcement Officer before you begin to see if any permits are required for the type of project you have in mind. There have been many changes in recent years to the building code.

The Code Enforcement Officer also enforces the Borough Ordinances and handles resident complaints concerning accumulation of trash, abandoned vehicles, high grass and weeds, as well as many other types of complaints. Some Ordinances all residents should be aware of are:

    The Maximum permitted height of grass and weeds is SIX inches. As of 2016 fines are greatly increased for violations.
    All trash must be contained in an approved container and removed on a regular basis. No accumulation of trash or debris is permitted in any district of the Borough.
    All vehicles, whether on public or private property, must contain a current registration sticker AND a current inspection sticker. If a vehicle does not have both of these it is considered an abandoned vehicle and a vehicle nuisance. Certain exceptions do apply, such as Antique vehicles and Public Safety vehicles. A vehicle that is not currently licensed and inspected is required to be kept in an enclosed space, such as a garage. Temporary Vehicle Storage Permits may be issued in certain cases. Contact the Borough Code Enforcement Officer for further details.
    All rental properties must have a valid Certificate of Occupancy Permit prior to the dwelling being occupied. The Code Enforcement Officer will inspect the rental unit when it becomes vacant and will issue a Certificate of Occupancy Permit. This must be done each time the dwelling becomes vacant. The fee for this inspection is $25. Failure to have a valid Occupancy Permit prior to renting and occupying a dwelling will result in fines and the dwelling ordered vacated.
    All properties being sold must have a current Occupancy Permit prior to the new owner occupying the dwelling. This inspection is also done by the Code Enforcement Officer. The inspection may be scheduled by either the seller before the sale, or the new buyer after the sale. However, the dwelling must not be occupied by the new owner until the Occupancy Permit is issued. It is recommended that the seller obtain this permit prior to the closing. Although this is not a requirement, it is beneficial to the sale if the Occupancy Permit is already received. Should the inspection take place after the closing, the new owner is responsible for any violations found during the inspection. The fee for this inspection is $25.

Burning of paper, dry brush, grass or leaves, is permitted as long as it is burned within an enclosed salamander, wire basket or masonry enclosure. Burning hours are Monday, Tuesday, Wednesday, Thursday, Friday and Saturday from 7 o’clock AM until 7 o’clock PM. No burning is permitted on Sundays. No burning is permitted within ten (10) feet of any building or within ten (10) feet of any property line, alley line or street line. It is also illegal to burn garbage, vegetable waste, rubber, plastics, furniture, glass, metals, crockery, car products or any other material which will create nauseous or noxious fumes, smoke, toxic chemicals or excessive fly ash. Charcoal or wood fires kindled for the purpose of outside barbecues shall be permitted.

Montgomery Minor’s Curfew Ordinance

Montgomery does have a curfew for minor children under 18 years of age. Under the Montgomery Borough Code of Ordinances, Chapter X, Part 6, Section 102, the curfew for minor children under 18 years of age is 10PM to 6 AM on Sunday, Monday, Tuesday, Wednesday and Thursday, and 10:30PM – 6 AM on Friday and Saturday. There are a few exceptions to this Ordinance. The exceptions are:

1. If the minor is with a parent

2. If the minor is on the way home from an errand

3. Employment

4. Emergency

5. On the sidewalk on the parent property, or on the neighbors sidewalk, as long as the neighbor does not complain about the minor being on the property.

6. Any school or religious activity

7. Exercising the First Amendment Rights

8. If the minor is married, or has been married.

To obtain a complete copy of the ordinance, stop by the Borough Office.

These are just a few of the Ordinances that every resident should be aware of. The complete Montgomery Borough Code of Ordinances is available for anyone to view at the Borough Office during regular business hours.

The Code Enforcement/Zoning Officer is there to protect you and is available to answer any questions you may have. Feel free to contact him at any time at 547-6919. If he is not in the office when you call, please leave a voice mail message and he will return your call. You may also email him at wbohner2@comcast.net.

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