Borough of Phoenixville, PA
Chester County
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Table of Contents
Table of Contents

§ 5-101 Purpose.

[Ord. 2014, 7/8/2004]
The purpose of this Part is to conform the Borough's current regulations to the requirements of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended (the "Act"), and the regulations (the "Regulations") applicable to the Act, as promulgated by the Pennsylvania Department of Labor and Industry (the "Department"), at 34 Pa. Code, Chapters 401 through 405, as amended from time to time; and to elect to administer and enforce the provisions of the Uniform Construction Code (the "Code"), pursuant to the Act and the Regulations.

§ 5-102 Local Enforcement Option.

[Ord. 2014, 7/8/2004]
The Borough hereby elects to administer and enforce the provisions of the Code, as amended from time to time, by amendments to the Act and/or the Regulations.

§ 5-103 Adoption of Standards.

[Ord. 2014, 7/8/2004]
The Uniform Construction Code (the "Code") is hereby adopted and incorporated herein by reference as the Borough Building Code and as an ordinance of the Borough.

§ 5-104 Administration and Enforcement.

[Ord. 2014, 7/8/2004]
Administration and enforcement of the Code, within the Borough, shall be undertaken in any of the following ways as determined by the Borough Council, from time to time by resolution:
A. 
By the designation of a Borough employee to serve as the Borough code official and to act on the Borough's behalf;
B. 
By the retention of one or more construction code officials and/or third-party agencies to act on behalf of the Borough;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of the Code through an intermunicipal agreement;
D. 
By contracting with another municipality for the administration and enforcement of the Code on behalf of the Borough; and/or
E. 
By entering into an agreement with the Department for plan review, inspections and enforcement with respect to structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.

§ 5-105 Board of Appeals.

[Ord. 2014, 7/8/2004]
A Board of Appeals shall be established by resolution of Borough Council, in conformity with the requirements of the relevant provisions of the Code, the Act and the Regulations, as they may be amended from time to time, and for the purposes set forth therein. If, at any time, enforcement and administration of the Code hereby adopted is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.

§ 5-106 Effect on Prior Provisions.

[Ord. 2014, 7/8/2004]
1. 
All building code ordinances or portions of ordinances which were adopted by the Borough, on or before July 1, 1999, which are in effect 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, at which time they shall be superseded by the applicable Code provision(s), provided that the Code is then in effect in the Borough.
2. 
All Borough building code ordinances or provisions of such ordinances which are in effect as of the effective date of this Part and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the Code's provisions.
3. 
The following Codes, adopted by prior Borough ordinances, are repealed specifically:
A. 
BOCA Basic Building Code, Tenth Edition, 1987;
B. 
National Electric Code, 1987 Edition, published by the National Fire Protection Association;
C. 
BOCA National Existing Structures Code, Second Edition, 1987;
D. 
BOCA Basic Fire Prevention Code of 1978; and
E. 
BOCA Basic Plumbing Code 1987.
4. 
All relevant ordinances, regulations and policies of the Borough not governed by the Code shall remain in full force and effect.

§ 5-107 Fees.

[Ord. 2014, 7/8/2004]
Fees assessable and penalties which may be imposed by the Borough for the administration and enforcement undertaken pursuant to this Part and the Code may be established by Borough Council, by resolution, from time to time.