[Adopted 6-7-2004 by Ord. No. 272]
Silverdale Borough, Bucks County, Pennsylvania,
hereby elects to administer and enforce the provisions of the Pennsylvania
Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101
through 7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained within
Title 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 for Silverdale Borough, Bucks County, Pennsylvania.
Administration and enforcement of the code within
Silverdale Borough shall be undertaken, as determined by Council,
for Silverdale Borough, Bucks County, Pennsylvania, in accordance
with the regulations of the Pennsylvania Construction Code Act.
A.
Creation of Appeals Board. A Building Code Board of
Appeals (hereinafter "Appeals Board") is hereby established in conformity
with the requirements of the Pennsylvania Construction Code Act, Act
45 of 1999, 35 P.S. §§ 7210.101-7210.1103; Section
501(c)[1] and Title 34, Pa. Code, Section 403.121. The Appeals Board
shall hear and rule on appeals, requests for variances and requests
for extensions of time.
[1]
Editor's Note: See 35 P.S. § 7210.501(c).
B.
Appointment of members. The Appeals Board shall consist
of three members appointed by the Council as follows: one member shall
be appointed to serve a three-year term; one member shall serve a
two-year term; and one member shall serve a one-year term. After the
initial appointments, each new member shall serve for three years
or until a successor has been appointed.
C.
Qualifications of members. The members of the Appeals
Board shall, in the discretion of Council, be qualified by training
and experience to pass on matters pertaining to building construction.
Training and experience may consist of licensure as an architect or
engineer, experience in the construction industry, or training or
experience as an inspector or plan reviewer. No member of the Council
nor any code inspector employed by the Borough may serve on the Appeals
Board. If the Council is unable to find a sufficient number of qualified
individuals who reside within the Borough, it may appoint a qualified
person who resides outside of the Borough to fill a position.
D.
Alternate members. The Council shall appoint two alternate
members, who shall be called by the Appeals Board Chairperson to hear
appeals in the event of the absence or disqualification of a member.
Alternate members shall possess the qualifications required for Board
membership and shall be appointed for five years or until a successor
has been appointed.
E.
Intergovernmental cooperation. The Council is hereby
authorized to enter into an intergovernmental cooperation agreement
with one or more municipalities to create an Appeals Board.
F.
Chairperson and Secretary. The Appeals Board shall
annually select one of its members to serve as Chairperson and Secretary.
The Secretary shall file a detailed record of all proceedings in the
office of the Borough Secretary.
G.
Disqualification of member. A member of the Appeals
Board shall not hear an appeal in which that member has any personal,
professional or financial interest.
H.
Operation of Board of Appeals. The procedure for conduct
of hearing and notices of hearings shall be established by resolution
of the Council and shall be consistent with Pennsylvania law and regulations
of the Pennsylvania Department of Labor and Industry.
A.
All ordinances and/or resolutions or parts thereof
which have previously been adopted by Silverdale Borough on or before
July 1, 1999, and which are equal to or exceed the requirements of
the code shall remain in full force and effect until such time as
the provisions of these ordinances fail to equal or exceed the minimum
requirements of the code, as amended from time to time:
B.
These ordinance provisions which are hereby saved
from repeal include but are not limited to:
(1)
Ordinance No. 234, adopted September 8, 1992, codified as Article V of this chapter, adopting the BOCA National Building Code of 1990 and the 1987 CABO One- and Two-Family Dwelling Code, specifically those provisions of Ordinance 234 which are stricter than the requirements of the UCC, including but not limited to Section 2903.2.4, which regulates signs within a street or alley.
(2)
C.
All ordinances and/or resolutions or parts thereof
which have previously been adopted by Silverdale Borough that 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.
D.
All other ordinances, resolutions, regulations and
policies of Silverdale Borough not governed by the code shall remain
in full force and effect.
This code may be changed and/or modified by
the governing body of Silverdale Borough in accordance with the Pennsylvania
Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101
- 7210.1103, Section 503.[1]
[1]
Editor's Note: See 35 P.S. § 7210.503.
A Fee Schedule assessable by Silverdale Borough
for the administration and enforcement undertaken pursuant to this
article and the code shall be established by the governing body of
Silverdale Borough by resolution from time to time.
In accordance with Section 403.102(I) of Title
34, Part XIV, Chapter 403, the following regulations set forth in
the Pennsylvania Code are amended as set forth below:
A.
Section 403.43(g): Delete the words "five years" and
replace with the words "three years."
B.
Section 403.43(h): The permit holder shall keep a
copy of the permit on the work site until the completion of the construction
or the issuance of a use and occupancy permit, whichever comes later.
C.
Section 403.62(c)(1)(xvii) is deleted in its entirety.
D.
Section 403.64(d): Delete numbers 1 through 4 and
replace with the following;
E.
34 Pa. Code § 403.82 is hereby amended to
read as follows:
(1)
A building code official shall follow the following
procedures if an inspection of an occupied building reveals a violation
of the Uniform Construction Code:
(a)
A construction code official shall discuss the
inspection results with the permit holder at the completion of the
inspection.
(b)
The building code official may issue a written
notice of violations to the permit holder. The notice is to contain
a description of the violations and an order requiring correction
of the violations within a reasonable period determined by the building
code official. When a violation relates to an unsafe building, structure
or equipment, a building code official shall act in accordance with
§ 403.84 (relating to unsafe building, structure or equipment).
(c)
After the compliance date contained in the order,
the building code official shall inspect the building, structure or
equipment to determine whether the violation was corrected. The building
code official shall close the order if the violation was corrected.
The building code official may issue an order to show cause under
§ 403.83 (relating to order to show cause/order to vacate)
to the owner for a violation that was not corrected.
Nothing in this article or in the code hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 140-33 of this article, nor shall any just or legal right of remedy of any character be lost, impaired or affected by this article.
