[Adopted 12-4-2007 by Ord. No. 248]
A. 
The Legislature of the Commonwealth of Pennsylvania has adopted legislation known as the "Uniform Construction Code," 35 P.S. § 7210.101 et seq. (UCC). The purpose of the UCC is to establish uniform standards for construction of buildings and structures and the administration and enforcement of such standards.
B. 
The UCC provides that individual municipalities may elect to administer the provisions of the UCC (by adoption of an ordinance) or allow the Department of Labor and Industry to administer the UCC within their municipal boundaries. Municipalities electing to administer the UCC must establish a Board of Appeals to hear appeals from the decision of the Code Administrator. The UCC allows for the establishment of a joint Board of Appeals by municipalities electing to administer the UCC pursuant to the terms of the Intergovernmental Cooperation Law, 53 Pa.C.S.A. § 2301 et seq.
C. 
The nine municipalities that are desirous of ratifying and confirming the creation and establishment of a joint Central Lancaster County Uniform Construction Code Board of Appeals ("Appeals Board") are Columbia Borough, East Petersburg Borough, Manor Township, Millersville Borough, Mountville Borough, Pequea Township, Strasburg Borough, West Hempfield Township, and West Lampeter Township (collectively the "participating municipalities"). The participating municipalities, either concurrently herewith or prior to the date of this Agreement, have elected to administer the UCC within their own individual municipal boundaries in accordance with the terms thereof. The participating municipalities desire to ratify and confirm the establishment of the Appeals Board to hear appeals from decisions of the individual municipalities' code administrators as provided for by the Uniform Construction Code.
D. 
The LIMC has developed the Restated and Amended Agreement for the Establishment of a Central Lancaster County Uniform Construction Code Board of Appeals which is attached hereto as Exhibit A (the "Agreement").[1]
[1]
Editor's Note: The Agreement is on file in the Borough offices.
E. 
The term of the Agreement is indefinite but is subject to the right of any participating municipality to terminate its participation in this Agreement at any time subject to the provisions thereof.
F. 
The purpose and objective of the Agreement are to implement the provisions of the UCC with respect to multi-municipality boards of appeals.
G. 
The costs of the operation of the Appeals Board shall be shared in accordance with the provisions of the Agreement.
H. 
The Agreement provides for the formation of a joint Appeals Board to hear appeals from the decision of each participating municipality's code administrator.
I. 
It is not anticipated that any real or personal property will be acquired by Appeals Board pursuant to the Agreement.
J. 
Although it is not anticipated that the Appeals Board will hire regular employees, the Appeals Board shall be empowered under the Agreement, but not required, to enter into contracts for policies for group insurance and employee benefits, including social security, for its employees, as applicable.
The Agreement, a copy of which is appended hereto as Exhibit A, is hereby approved by East Petersburg Borough, and the President or Secretary shall, on behalf of the Borough, execute the said Agreement as appended hereto as Exhibit A.[1]
[1]
Editor's Note: The Agreement is on file in the Borough offices.
The Borough's obligations to enter into the Agreement and its obligations under the Agreement are expressly conditioned upon all other participating municipalities, as referenced in the said Agreement, enacting and authorizing the entry into the Agreement on the same terms and conditions as are applicable to the Borough.