[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 6-14-2004 by Ord. No. 1381. Amendments noted where applicable.]
The Borough of Ephrata hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103 and its regulations, as they may be amended from time to time.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Borough of Ephrata.
Administration and enforcement of the Code within the Borough of Ephrata shall be undertaken in any of the following ways as determined by the Council of the Borough of Ephrata from time to time by resolution:
By the designation of an employee of the Borough of Ephrata to serve as the municipal code official to act on behalf of the Borough of Ephrata;
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough of Ephrata;
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this municipality;
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 is hereby created in order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code and to resolve any appeal issues that may arise in the execution of the Code.
The Board of Appeals shall consist of three members appointed by Borough Council and at Borough Council's pleasure as follows: one for five years, one for four years and one for three years. Thereafter, each new member shall serve a term of five years or until a successor has been appointed. The Board shall adopt rules of procedure for conducting its business.
All actions and activities of the Board of Appeals shall be governed by the requirements of the Uniform Construction Code.
All building code ordinances or portions of ordinances which were adopted by the Borough of Ephrata 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.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this ordinance and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.
All relevant ordinances, regulations and policies of Borough of Ephrata not governed by the Code shall remain in full force and effect.
Fees assessable by the Borough of Ephrata for the administration and enforcement undertaken pursuant to this chapter and the Code shall be established by the Council of the Borough of Ephrata by resolution from time to time.