[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 5-10-2004 by Ord. No. 1209. Amendments noted where applicable.]
Tyrone 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 7210.1103, as amended from time
to time, and its regulations.
[Amended 1-10-2005 by Ord. No. 1209]
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 through 405, as amended from time to time, is hereby adopted and
incorporated herein by reference as the Municipal Building Code of
Tyrone Borough with the exception of the following residential construction
which shall require permits: roof replacement; exterior siding; porches
and decks; railings and steps; public sidewalks; retaining walls over
four feet in height; and fences. The following residential construction/remolding
shall now be governed by the UCC and, therefore, do not require a
permit are as follows: interior repairs and replacements; floor replacement
and coverings; hot water tanks; plumbing and electrical work; exterior
and interior painting; window and door replacements that do not increase
the size of the same; driveways (so long as the portion that may encompass
the sidewalk is not black topped); and private property sidewalks
that are not adjacent to public streets. All other construction not
specifically set forth herein, including but not limited to new residential
construction and commercial construction, both new and remodeling,
shall be governed by UCC regulations.
Administration and enforcement of the code within Tyrone Borough
shall be undertaken in any of the following ways as determined by
the Borough Council of Tyrone Borough from time to time by resolution:
A.
By the designation of an employee of Tyrone Borough to serve as the
municipal code official to act on behalf of Tyrone Borough;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Tyrone Borough;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the Act through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of the Act on behalf of Tyrone 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.
A Board of Appeals shall be established by resolution of the
Borough Council of Tyrone 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 Tyrone 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 Tyrone Borough
not governed by the code shall remain in full force and effect.
Fees assessable by the Borough of Tyrone 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.[1]
This chapter shall become effective on July 1, 2004.
