[Ord. 2004-06-04, 6/14/2004]
The Borough of Red Lion hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act of 1999,
72 P.S. § 7210.101 et seq., as amended from time to time,
and its regulations, as promulgated.
[Ord. 2004-06-04, 6/14/2004; as amended by Ord. 2009-09-02,
9/14/2009]
1.
The Uniform Construction Code, (hereinafter referred to as "the Code")
contained in 34 Pa. Code, Chapters 401-405, as may be amended from
time to time, is hereby adopted and incorporated herein by reference
as the municipal building code of the Borough of Red Lion.
2.
Pursuant to § 403.28(c) (3) of Part XIV of the Uniform
Construction Code, 34 Pa. Code § 403.28(c)(3), the Borough
specifically adopts § 403.28 in its entirety pertaining
to uncertified buildings within the Department's jurisdiction
to utilize the standards of § 403.28(b) for the issuance
of certificates of occupancy to uncertified buildings. In the event
that any provision, section, sentence, clause or part of Subsection
(b) of § 403.28 of Part XIV of the Uniform Construction
Code shall be held invalid, such invalidity shall not affect or impair
any remaining provision, section, sentence, clause or part of such
Subsection (b), it being the intent of the Borough of Red Lion that
such remainder shall be and shall remain in full force and effect.
[Ord. 2004-06-04, 6/14/2004]
1.
Administration and enforcement of the Code within the Borough of
Red Lion shall be undertaken in any of the following ways as determined
by the Council of the Borough of Red Lion by ordinance or resolution:
A.
By the designation of an employee of the Borough to serve as the
Borough Code Official to act on behalf of the Borough.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the Code through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of the Code on behalf of this Borough.
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.
[Ord. 2004-06-04, 6/14/2004]
The Borough of Red Lion shall establish a Board of Appeals as
required by § 501(c) of the Act, 72 P.S. § 7210.501(c),
either by resolution of the Borough or, in the case of joint administration
with other municipalities, by joint action of the participating municipalities
as set forth in an intermunicipal agreement, or by a County appeals
board as set forth in an intermunicipal agreement.
[Ord. 2004-06-04, 6/14/2004]
At the time of application for a building permit the applicant
shall pay an appropriate fee. A schedule of said fees shall be established
by resolution as adopted by the Borough of Red Lion. The Borough Council
may from time to time review the fee schedule and revise the schedule
whenever it is felt necessary. All revisions of the fee schedule shall
be made by resolution.
[Ord. 2004-06-04, 6/14/2004; as amended by Ord. 2009-09-02,
9/14/2009]
Any person or other legal entity who shall violate the provisions
of this code or shall fail to comply with any of the requirements
thereof or who shall erect, construct, alter, or repair, demolish
a building or structure in violation of an approved plan or directive
of the Code Official or of a permit or certificate issued under the
provisions of the Code, upon conviction thereof, shall be sentenced
to a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
[Ord. 2004-06-04, 6/14/2004]
Nothing in this Part herein adopted shall be construed to affect
any suit or proceedings now pending in any court, or any rights acquired
or liability incurred, or in any cause or causes of action accrued
or existing under any act or ordinance repealed hereby. No right or
remedy of any character shall not be lost, impaired, or affected by
this Part.
[Ord. 2004-06-05, 6/14/2004]
Red Lion Borough hereby approves entering into Articles of Agreement
(herein after referred to as "agreement") with other municipalities
and the County to provide for a joint appeals board to hear appeals
from decisions of the Municipal Code Administrator or Building Code
Official. A copy of the agreement is attached hereto and incorporated
by reference (and shall be filed with the minutes of the meeting at
which this Part was enacted), with the intent and effect that Red
Lion Borough shall be bound by the agreement.[1]
[1]
Editor's Note: Said agreement is on file in the Borough
offices.
[Ord. 2004-06-05, 6/14/2004]
Red Lion Borough is authorized to enter into the agreement for
the purposes contained therein and attached hereto, and the President
or Vice President of the Borough Council, acting alone or together
with the Secretary or Assistant Secretary, are hereby authorized and
directed to execute said agreement on behalf of Red Lion Borough,
and to execute and deliver any additional instruments, and to take
such further actions as may be necessary or appropriate to carry forth
the Articles of Agreement and the transactions to be effected under
the agreement, including payments for appeals as are due by Red Lion
Borough pursuant to the agreement.
[Ord. 2004-06-05, 6/14/2004]
1.
As required by the Intergovernmental Cooperation Act, the following
matters are hereby set forth:
A.
The conditions of the agreements are set forth in the Articles of
Agreement attached hereto.
B.
Red Lion Borough shall participate in a County Board of Appeals from
the time of the effective date of the agreement until such time as
the Borough chooses to withdraw from participation by exercising the
provisions set forth in the agreement for withdrawal.
C.
The purposes and objectives of the intermunicipal agreement are to
participate in a County Board of Appeals, and to accomplish the other
purposes and objectives as are set forth in the Articles of Agreement.
D.
The manner and extent of payment for services provided by the Articles
of Agreement are that all funds to pay Red Lion Borough's obligations
under the agreement shall come from normal and usual budgeted amounts
for such matters, from fees charged, and other provisions governing
the manner and extent of the payment for the services shall be as
set forth in the agreement.
E.
Red Lion Borough also authorizes the participation by other municipalities
through additional intermunicipal agreements in the joint enforcement
and administration of the Pennsylvania Construction Code and authorizes
execution of agreements with other municipalities that may enact a
similar ordinance authorizing such projects, either by participation
with the intermunicipal group or by contract.
