[Ord. 722-2004, 6/28/2004]
1. The Borough of Hamburg hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101-7210.1103, as amended from time
to time, and its regulations.
2. 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 the Borough
of Hamburg.
3. Administration and enforcement of the code within this Borough of
Hamburg shall be undertaken in any of the following ways, as determined
by the governing body of the Borough of Hamburg from time to time
by resolution:
A. By the designation of an employee of the Borough of Hamburg to serve
as the Municipal Code Official to act on behalf of the Borough of
Hamburg.
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough of Hamburg.
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 the Borough of Hamburg.
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.
4. A Board of Appeals shall be established by resolution of the governing
body of the Borough of Hamburg 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.
5.
A. All building code ordinances or portions of ordinances which were
adopted by the Borough of Hamburg 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 Part 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
of Hamburg not governed by the code shall remain in full force and
effect.
6. Fees assessable by the Borough of Hamburg for the administration
and enforcement undertaken pursuant to this Part and the code shall
be established by the governing body by resolution from time to time.
7. If any section, subsection, sentence, or clause of this Part is held,
for any reason, to be invalid, such decision or decisions shall not
affect the validity of the remaining portions of this Part.