[HISTORY: Adopted by the Board of Supervisors of the Township
of Marlborough 6-9-2004 by Ord. No. 2004-03. Amendments noted
where applicable.]
Marlborough Township, in order to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,[1] and pursuant to Section 501 of the Act, hereby adopts
the Uniform Construction Code contained in 34 Pa. Code, Chapters 401
through 405, as amended from time to time, which is incorporated herein
by reference as the Building Code of Marlborough Township.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
Administration and enforcement of the code within Marlborough
Township shall be undertaken by the retention of one or more building
code officials or third-party agencies to act on behalf of Marlborough
Township.
A Board of Appeals shall be established by resolution of the
governing body of this municipality 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 Boards 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 this municipality 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 requirement of the code, as amended from time
to time.
B.
All relevant ordinances, regulations and policies of this municipality
not governed by the code shall remain in full force and effect.
C.
Climatic, geographic, and inside/outside environmental standards
for the local area as required by the respective codes are to be established
by Marlborough Township through separate resolution.
Fees assessable by Marlborough Township for the administration
and enforcement undertaken pursuant to this chapter and the code shall
be established by Marlborough Township through resolution from time
to time.
Any person who fails to comply with the provisions of this code
or who fails to carry out an order made pursuant to this code or who
violates any condition attached to a permit, approval or certificate
shall, upon conviction thereof, be guilty of a summary offense punishable
by a fine of not less than $100 nor more than $1,000, plus costs of
prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day that a
violation continues after due notice has been served shall be deemed
a separate offense.
The provisions of this chapter, so far as they are the same
as those of ordinances and regulations in force immediately prior
to the enactment of this chapter, are intended as a continuation of
such ordinances and regulations and not as new enactments. The provisions
of this chapter shall not affect any act done or liability incurred,
nor shall they affect any suit or prosecution pending or to be instituted
to enforce any repealed ordinances or regulations.
This chapter shall take effect on April 9, 2004.
