[HISTORY: Adopted by the Borough Council
of the Borough of Emsworth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-9-2004 by Ord. No. 941]
This municipality 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.
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 municipal
building code of this municipality.
Administration and enforcement of the code within
this municipality shall be undertaken in any of the following ways
as determined by the governing body of this municipality from time
to time by resolution:
A.
By the designation of an employee of the municipality
to serve as the municipal code official to act on behalf of the municipality;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the municipality;
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 this
municipality;
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 governing body of this municipality 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.
A.
All building code ordinances or portions of ordinances
which were adopted by this municipality 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 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 this municipality not governed by the code shall remain in full
force and effect.
Fees assessable by the municipality for the
administration and enforcement undertaken pursuant to this article
and the code shall be established by the governing body by resolution
time to time.
[Adopted 8-22-2007 by Ord. No. 956]
The 2006 International Building Code, the 2006 International
Fire Code, the 2006 International Residential Code, the 2006 International
One- and Two-Family Dwelling Code, the 2006 International Mechanical
Code, and the 2006 International Property Maintenance Code[1] are hereby adopted as the Building Code, Fire Code, Residential
Code, One- and Two-Family Dwelling Code, Mechanical Code, and Property
Maintenance Code of the Borough of Emsworth for the regulation of
buildings and structures as therein provided; and each and all of
the regulations, provisions, penalties, conditions and terms of said
Building Code, Fire Code, Residential Code, One- and Two Family Dwelling
Code, Mechanical Code and Property Maintenance Code are hereby referred
to, adopted and made a part hereof as if fully set out in this article.
All ordinances of parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
In addition to the violations and penalties in the codes set
forth above, any person or entity violating any provisions of this
article shall, upon summary conviction thereof before any Justice,
pay a fine in an amount of $300 minimum, but not exceeding $1,000,
together with costs of prosecution, and, in default of the payment
of the fine and costs, shall be subject to imprisonment in the Allegheny
County Jail or workhouse for a period not exceeding 30 days. Each
day that a violation of this article continues to exist shall be considered
a separate offense and may be punishable as such.
