[HISTORY: Adopted by the Borough Council
of the Borough of Derry 2-14-2005 by Ord. No. 685. Amendments noted where
applicable.]
This Borough hereby elects to administer and
enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.103,
as amended from time to time, and its regulations.
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 this Borough.
Administration and enforcement of the Code within
this Borough shall be undertaken in any of the following ways as determined
by the governing body of this Borough from time to time, by resolution:
A.
By the designation of a professional employee of the
Borough to serve as the Municipal Code Official to act on behalf of
the Borough;
B.
By the retention of one or more construction code
officials or a third-party agency to act on behalf of the Borough;
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 this
Borough; and
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 established by resolution
of the governing body of the Borough in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
A.
All building code ordinances or portions of ordinances
which were adopted by the Borough 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.
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 Code,
are hereby amended to conform with the comparable provisions of the
Code.
C.
All relevant ordinances, regulations and policies
of the Borough not governed by the Code shall remain in full force
and effect.
Fees assessable by the Borough for the administration
and enforcement undertaken pursuant to this chapter and the Code shall
be established by the governing body by resolution from time to time.
