[HISTORY: Adopted by the Borough Council of the Borough of Riverside as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 107.
Unsafe buildings — See Ch. 111.
Open burning — See Ch. 115.
Driveways — See Ch. 139.
Sewers — See Ch. 225.
Streets and sidewalks — See Ch. 246.
Subdivision and land development — See Ch. 250.
Zoning — See Ch. 285.
[Adopted 6-7-2004 by Ord. No. 6-04]
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 ordinance or 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 from time to time.
[Adopted 9-6-2005 by Ord. No. 9-05]
The municipalities of the Montour County Council of Governments, which participate in the UCC program, do hereby create and establish the Montour County Board of Appeals, hereinafter referred to as the "Appeals Board."
[Amended 3-2-2015 by Ord. No. 2015-2[1]]
Riverside Borough establishes, designates and does hereby confirm that the Montour County Council of Governments Uniform Construction Code Board of Appeals shall be the proper, sole and official forum for resolving disputes arising out of the following:
A. 
The codes and standards promulgated in the most current version of the Uniform Construction Code (Act 45 of 1999)[2] of the Commonwealth of Pennsylvania as amended by the participating municipalities, and as subsequently adopted in Title 34 PA Code Chapters 401, 403 and 405.
[2]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
B. 
The rules and regulations contained in 34 Pa. Code Chapters 401 to 405, adopted by the Pennsylvania Department of Labor and Industry.
C. 
The International Code Council Property Maintenance Code, as amended by the participating municipalities that have adopted this code.
D. 
The International Code Council Fire Code, as amended by the participating municipalities that have adopted the code.
[1]
Editor's Note: This ordinance further authorized the Borough to execute Joint Articles of Agreement for the establishment of the Board of Appeals. Said Joint Articles of Agreement are on file in the Borough offices.
The Appeals Board is established to provide a process for the resolution of code grievances derived from the decision of the Code Official in order to insure the health, safety, and general welfare of the citizens of the Montour County Council of Governments Region.
A. 
Any resident of the Montour County COG Region having the qualifications according to § 125-11D or 125-11E shall be eligible for appointment to the Appeals Board regardless of whether the resident's home municipality participates in the code administration program. The intent of the regional Appeals Board is to provide uniform interpretation of the codes and to recruit persons who are well qualified professionally, regardless of residence. Therefore, it is not expected that representation will necessarily reflect any sort of balance among the municipalities.
B. 
A non-Montour County COG Region resident may fill a position on the Appeals Board when the Montour County COG cannot find a person within the county region who satisfies the requirements of 34 Pa. Code § 403.121(c)(1).
A. 
The Montour County COG representatives shall recommend to the Montour County COG appointments to the Appeals Board. The Montour County COG shall consider the appointments and shall recommend a slate of nominations to the participating municipalities for appointment by the participating municipalities.
B. 
The Appeals Board shall consist of five members, with two alternate members.
C. 
Members of the participating municipalities' governing boards and their code officials may not serve on the Board of Appeals.
D. 
The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
E. 
Members of the Appeals Board shall serve for the period as follows:
(1) 
Members shall serve a maximum of three consecutive terms (a term consists of three years). Any midterm replacement or appointment shall not be considered a full term.
(2) 
A year shall commence on January 1 and end the succeeding December 31.
F. 
The Appeals Board shall elect a Chairman and Vice Chairman from the Board at the January organizational meeting of which date and time is set by the COG. The Appeals Board at the organizational meeting shall establish meeting dates, times, and locations for the year. The Chairman, or Vice Chairman in the absence of the Chairman, shall have the authority to call the Appeals Board into a special session.
G. 
The Director of the Montour County COG Code Administration or the Director's designee shall be the Secretary to the Appeals Board.
A. 
The Appeals Board shall only consider the following factors when deciding an appeal under 34 Pa. Code § 403.121, Board of appeals:
(1) 
The true intent of the Act or Uniform Construction Code was incorrectly interpreted.
(2) 
The provisions of the Act do not fully apply.
(3) 
An equivalent form of construction is proposed.
B. 
The Appeals Board may consider the following factors when ruling upon a request for extension of time or the request for variance:
(1) 
The reasonableness of the Uniform Construction Code's application in a particular case.
(2) 
The extent to which the granting of a variance or an extension of time will pose a violation of the Uniform Construction Code or an unsafe condition.
(3) 
The availability of professional or technical personnel needed to come into compliance.
(4) 
The availability of materials and equipment needed to come into compliance.
(5) 
The efforts being made to come into compliance as quickly as possible.
(6) 
Compensatory features that will provide a degree of protection equivalent to the protection of the Uniform Construction Code.
If the owner or owner's agent requests a hearing, the Appeals Board shall schedule a hearing and notify the owner or owner's agent and the Building Code Official of the date, time and place of the hearing. The Appeals Board may:
A. 
Deny the request, in whole or in part.
B. 
Grant the request, in whole or in part.
C. 
Grant the request upon certain conditions being satisfied.
A. 
All appeals shall be legally advertised and conducted according to the Pennsylvania State Sunshine Act (65 Pa.C.S.A. § 701 to 716), as amended. The Appeals Board shall adopt formal rules for its proceedings.
B. 
The appellant wishing to appeal the decision of the Code Official shall do so within 30 calendar days upon receipt of the written decision.
C. 
The Appeals Board may request and obtain legal counsel through the Montour County Council of Governments or the legal counsel of the district where the appeal has been made.
D. 
The appellant wishing to appeal the decision of the Appeals Board shall do so to the Court of Common Pleas in accordance with, as far as practicable, the rules of civil procedure of the Supreme Court regarding appeals from administrative agencies.
E. 
The Appeals Board shall also retain in its files a copy of the decision, which files shall be available for inspection by the public. Each decision shall set forth fully the reasons for the decision of the Appeals Board and the finding of the facts on which the decision was based. The Appeals Board shall make an order on its decision, and the Code Enforcement Officer shall take immediate action to carry out said order.
F. 
The Appeals Board shall provide a written notice of its decision to the owner and to the Building Code Official.
A. 
A participating municipality shall withdraw from the Appeals Board if it withdraws from the Montour County COG in accordance with the Articles of Agreement and the Montour County COG Articles of Agreement.
B. 
A participating municipality shall have the right to withdraw from the Appeals Board and to establish its own by following the COG Articles of Agreement for withdrawal. Withdrawal will not affect membership in the Montour County COG.
Amendments to these Joint Articles of Agreement may be recommended by the Code Administration Committee, by the Montour County COG, or by the participating municipalities. Any amendment or change to these articles shall be approved by the Montour County COG General Forum, participating municipalities, and shall take effect upon passage of appropriate municipal ordinances.
The effective date of this agreement shall be upon enactment by ordinance of this agreement by the participating municipalities.
The Montour County Council of Governments (governing body) shall set the fee schedule and Appeals Board member compensation as needed by resolution.