[Amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005]
A. Pursuant to Ordinance No. 1177 of 2004, the Borough of Middletown
hereby elects to administer and enforce the provisions of the Pennsylvania
Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101
et seq., and its regulations, as amended from time to time. The Uniform
Construction Code, as contained in 34 Pa. Code, Chapters 401-405,
as amended from time to time, is hereby adopted and incorporated herein
and shall be referenced as the "Municipal Building Code of the Borough
of Middletown."
[Amended 10-1-2007 by Ord. No. 1226, approved 10-1-2007; 11-1-2016 by Ord. No.
1330, approved 11-1-2016]
B. All relevant ordinances, regulations and policies of the Borough
of Middletown not governed by the code shall remain in full force
and effect.
Administration and enforcement of the code within the Borough
of Middletown shall be undertaken in any of the following ways as
determined by the Council of the Borough of Middletown from time to
time by resolution:
A. By the designation of an employee of the Borough of Middletown to
serve as the Building Code Official to act on behalf of the Borough
of Middletown;
[Amended 11-1-2016 by Ord. No. 1330, approved 11-1-2016]
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough of Middletown;
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 the Borough of Middletown;
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.
[Amended 11-1-2016 by Ord. No. 1330, approved 11-1-2016]
The Joint Board of Appeals operated by the West Shore Council
of Governments (the "JBA-WSCOG"), or its successors, shall be the
appellate body for the purposes of this chapter. Should the JBA-WSCOG
or its successors become defunct and without a successor, Borough
Council shall establish a Board of Appeals by resolution in conformity
with the requirements of the relevant provisions of the code, as amended
from time to time.
Fees assessable by the Borough of Middletown for the administration
and enforcement undertaken pursuant to this article and the code shall
be established by the Council of the Borough of Middletown by resolution.
[Added 12-3-2007 by Ord.
No. 1228, approved 12-3-2007; amended 11-1-2016 by Ord. No. 1330, approved 11-1-2016]
Any costs associated with code review by the Borough, including
third-party review of plans, proposals, specifications, or documents,
shall be reimbursed to the Borough, by applicants; applicant being
the party that executes the documents being submitted. The Building
Code Official may ask for reasonable funds to be deposited at the
time of application, to be held in escrow, in order that expenses
associated with code review are properly reimbursed.