The Borough of Westmont hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, as amended from time to time, and its regulations, and certain promulgated rules and regulations as further amended herein.
[HISTORY: Adopted by the Borough Council of the Borough of Westmont 6-8-2004 by Ord. No. 777. Amendments noted where applicable.]
Administration and enforcement of the Building Code within this municipality shall be undertaken in any of the following ways as determined by the governing body of Westmont Borough from time to time by resolution:
A.
By the designation of an employee of the Borough of Westmont to serve as the municipal code official to act on behalf of the Borough of Westmont;
B.
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough of Westmont;
C.
By agreement with one or more other municipalities or 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 Westmont;
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 hereby established.
A.
The Board of Appeals shall, unless otherwise appointed by the Westmont Borough Council, by resolution, consist of the members of the Borough of Westmont Zoning Hearing Board.
B.
Except as provided for in other ordinances or resolutions of the Borough of Westmont, the powers of the Board of Appeals shall be in conformity with the requirements of the relevant provisions of the Building Code, as amended from time to time, and for the purposes set forth therein.
C.
The Board of Appeals shall be prohibited by § 403.121(g) of the rules and regulations promulgated by the Pennsylvania Department of Labor and Industry, to act upon appeals, requests for variance or requests for extension of time relating to matters of accessibility.
Other ordinances or regulations:
A.
All building code ordinances, or portions of ordinances which were adopted by the Borough of Westmont on or before July 1, 1999, and which equal or exceed the requirements of the Building Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Building 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 chapter and whose requirements are less than the minimum requirements of the Building Code are hereby amended to conform to the comparable provisions of the Building Code.
C.
All relevant ordinances, regulations and policies of the Borough of Westmont not governed by the Building Code shall remain in full force and effect.
The Westmont Borough Council shall establish fees assessable by the Borough of Westmont for the administration and enforcement undertaken pursuant to this chapter and the Building Code by resolution from time to time.
Certain rules and regulations promulgated by the Pennsylvania Department of Labor and Industry and set forth in Chapters 401 - 405 are hereby amended as follows:
A.
Commercial construction:
(1)
Section 403.42(c)(1)(i) is hereby amended to require permits for fences of any height for commercial properties.
(2)
Section 403.42(c)(1)(iv) is hereby amended to require permits for water tanks supported on grade and any appurtenant structures that exceed 500 gallons.
(3)
Section 403.42(c)(1)(viii) is hereby amended to require permits for prefabricated swimming pools for any use classification having a diameter or any inside dimension in excess of 16 feet and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet.
(4)
Section 403.43(g) is hereby amended to establish the valid length of a permit to be one year from the date of issuance, and a permit shall become invalid if construction work authorized does not commence within 90 days from the date of issuance or is suspended or abandoned for a period of 180 days after work has commenced.
B.
Residential (one- and two-family) construction.
(1)
Section 403.62(c)(1)(i) is hereby amended to require permits for fences of any height for residential properties.
(2)
Section 403.62(c)(1)(iii) is hereby amended to require permits for water tanks supported on grade and any appurtenant structures that exceed 500 gallons.
(3)
Section 403.62(c)(1)(vi) is hereby amended to require permits for prefabricated swimming pools for any residential use having a diameter or any inside dimension in excess of 16 feet and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet.
(4)
Section 403.62(1)(c)(xvii) is hereby amended to require permits for the installation or construction of any uncovered deck.
(5)
Section 403.63(g) is hereby amended to establish the valid length of a permit to be one year from the date of issuance, and a permit shall become invalid if construction work authorized does not commence within 90 days from the date of issuance or is suspended or abandoned for a period of 180 days after work has commenced.
It is not intent of this ordinance to nullify or void any part or portion of the Westmont Borough Zoning Ordinance, as adopted and/or amended from time to time, including but not limited to land use, permitting, review, enforcement, or violation regulations currently in effect or as amended.