[HISTORY: Adopted by the Borough Council of the Borough of
West Grove 7-7-2004 by Ord. No.
2004-02. Amendments noted where applicable.]
The purpose of this chapter is to conform the Borough's
current regulations to the requirements of the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103,
as amended (the "Act"), and the regulations (the "regulations") applicable
to the Act, as promulgated by the Pennsylvania Department of Labor
and Industry (the "Department"), at 34 Pa. Code, Chapters 401 through
405, as amended from time to time; and to elect to administer and
enforce the provisions of the Uniform Construction Code (the "Code"),
pursuant to the Act and the regulations.
The Borough hereby elects to administer and enforce the provisions
of the Code, as amended from time to time, by amendments to the Act
and/or the regulations.
The Uniform Construction Code (the "code") is hereby adopted
and incorporated herein by reference as the Borough Building Code
and as an ordinance of the Borough.
Administration and enforcement of the code within the Borough
shall be undertaken in any of the following ways, as determined by
the Borough Council from time to time by resolution:
A.
By the designation of a Borough employee to serve as the Borough
code official and to act on behalf of the Borough;
B.
By the retention of one or more construction code officials and/or
third-party agencies to act on the Borough's behalf;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the Code through an intermunicipal
agreement;
D.
By contracting with another municipality for the administration and
enforcement of the code on behalf of the Borough; and/or
E.
By entering into an agreement with the Department for plan review,
inspections and enforcement with respect to 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 Borough
Council, in conformity with the requirements of the relevant provisions
of the code, the Act and the regulations, as they may be amended from
time to time, and for the purposes set forth therein. If, at any time,
enforcement and administration of the code hereby adopted 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 the Borough on or before July 1, 1999, which are in effect
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, at which time they shall be superseded by the applicable
code provision(s), provided that the code is then in effect in the
Borough;
B.
All Borough building code ordinances or provisions of such 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 code's provisions;
C.
The following codes, adopted by Borough Ordinance 99-3, are repealed
specifically:
D.
All relevant ordinances, regulations and policies of the Borough
not governed by the code shall remain in full force and effect.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Fees assessable and penalties which may be imposed by the Borough
for the administration and/or enforcement undertaken pursuant to this
chapter and the code may be established by Borough Council from time
to time.
