[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
The Borough of New Eagle has elected to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 to 405, as amended from time to time, is adopted and incorporated herein by reference as the Municipal Building Code of the Borough of New Eagle.
Administration and enforcement of said code within the Borough of New Eagle, Washington County, shall be undertaken by the designation of a Pennsylvania-certified third party agency to serve as the municipal code official to act on behalf of the Borough. This agency shall be appointed by resolution of the Borough Council.
A Board of Appeals has been established by resolution of the Borough Council 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.
All building code ordinances or portions of ordinances which were adopted by the Borough of New Eagle prior to the adoption of this chapter 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.
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.
All relevant ordinances, regulations and policies of the Borough not governed by the code shall remain in full force and effect.
A building permit is required for the erection, construction or alteration of any residential or commercial building, structure, dwelling or portion thereof and the moving of a building into the Borough or from one place to another in the Borough.
Applications for building permits shall be submitted to Borough Council and made as required by the Pennsylvania Uniform Construction Code according to Borough procedures and with the approved lot or plot plan as required by this chapter.
All permits must be approved or denied within 30 days of the application.
Approval. The building permit application must be approved by the Building Code Official. The permit shall not be considered issued until the date that the landowner and/or developer picks up and pays for the permit. All conditions listed on the permit become part of the conditions placed on construction. The use as specified on the permit cannot be altered without the authorization of the Building Code Official.
Voidance of building permits. All approved building permits shall be considered voided unless picked up and paid for by the landowner and/or developer within 30 days of approval by the Building Code Official. No inspections will be performed by the Building Code Official until the permit has been picked up and paid for. Appropriate stop-work orders can be issued and penalties may be assessed in accordance with the Building Permit Fee Schedule.
Denial of building permits. If the Building Code Official denies the issuance of a building permit, the rejection must state the reason(s) for disapproval and the ways in which the application can be modified to meet the ordinance and the codes. The landowner and/or developer shall also be advised of his right to appeal to the Borough's UCC Appeals Board.
Inspections. Inspections are required and forty-eight-hour prior notification to the Building Code Official is mandatory. The inspection requirements will be detailed to the applicant at the time of the building permit application process, dependent upon the scope of work involved.
Building permits shall only be effective for 12 months from the date of issuance. Upon reapplication, a building permit may be extended an additional 12 months. After a total of 24 months, no further building permits will be issued without the formal consent of Borough Council.
Fees assessed by the Borough for the administration and enforcement undertaken pursuant to this chapter and the code shall be established by the Borough Council by resolution from time to time.
The UCC Board of Appeals, pursuant to Act 45 of 1999, shall hear and rule on appeals, requests for variances and requests for extensions of time. An application for appeal shall be based on a claim that the true intent of the act or the Uniform Construction Code has been incorrectly interpreted, the provisions of the Act or Uniform Construction Code do not fully apply, or an equivalent form of construction is to be used.
An owner or owner's agent may seek a variance or extension of time or appeal a Building Code Official's decision by filing a petition with the Building Code Official or other person designated by the Board of Appeals on a form provided by the Borough.
The postmark date or the date of personal service will establish the filing date of the appeal and request for variance or extension of time.
An appeal or request for variance or extension of time to the Board of Appeals will automatically suspend an action to enforce an order to correct until the matter is resolved. An action under 34 Pa. Code § 403.84 (relating to unsafe building, structure or equipment) may not be stayed.
The Board of Appeals shall decide an appeal, variance request or request for extension of time by reviewing documents and written brief or argument, unless the owner or owner's agent requests a hearing.
The Board of Appeals shall hold a hearing within 60 days from the date of an applicant's request, unless the applicant agrees in writing to an extension of time.
The Board of Appeals shall only consider the following factors when deciding an appeal under Section 501(c)(2) of the Act:
The true intent of the Act or Uniform Construction Code was incorrectly interpreted.
The provisions of the Act do not apply.
An equivalent form of construction is to be used.
Editor's Note: See 35 P.S. § 7210.501(c)(2).
The Board of Appeals may consider the following factors when ruling upon a request for extension of time or request for variance:
The reasonableness of the Uniform Construction Code's application in a particular case.
The extent to which the granting of a variance or an extension of time will pose a violation of the Uniform Construction Code or an unsafe condition.
The availability of professional or technical personnel needed to come into compliance.
The availability of materials and equipment needed to come into compliance.
The efforts being made to come into compliance as quickly as possible.
Compensatory features that will provide an equivalent degree of protection to the Uniform Construction Code.
If the owner or owner's agent requests a hearing, the Board of Appeals shall schedule a hearing and notify the owner or owner's agent and Building Code Official of the date, time and place of the hearing.
The Board of Appeals shall provide a written notice of its decision to the owner and to the Building Code Official.
An owner shall file an appeal, request for variances and request for extension of time relating to accessibility with the Accessibility Advisory Board under 34 Pa. Code § 403.142 (relating to Accessibility Advisory Board).
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Washington County.