Borough of Avalon, PA Chapter 155 Construction Codes

[HISTORY: Adopted by the Borough Council of the Borough of Avalon as indicated in article histories. Amendments noted where applicable.]

Article I Administration and Enforcement of Uniform Construction Code

[Adopted 5-18-2004 by Ord. No. 1285]

§ 155-1 Election to administer and enforce.

The Borough of Avalon 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.

§ 155-2 Adoption of Uniform Construction Code.

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 the Borough of Avalon.

§ 155-3 Administration and enforcement.

Administration and enforcement of the code within the Borough of Avalon shall be undertaken in any of the following ways as determined by Borough Council of the Borough of Avalon from time to time by resolution:

A. By the designation of an employee of Avalon Borough to serve as the municipal code official to act on behalf of Avalon Borough;

B. By the retention of one or more construction code officials or third-party agencies to act on behalf of Avalon Borough;

C. By agreement with one or more other municipalities for the joint administration and enforcement of the Uniform Construction Code through an intermunicipal agreement;

D. By entering into a contract with another municipality for the administration and enforcement of the Uniform Construction Code on behalf of Avalon 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.

§ 155-4 Establishment of Board of Appeals.

A Board of Appeals shall be established by resolution of Borough Council of the Borough of Avalon 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.

§ 155-5 Conflicts with other building code ordinances or portion of ordinances.

A. All building code ordinances or portions of ordinances which were adopted by Avalon 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 article 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 Avalon Borough not governed by the code shall remain in full force and effect.

§ 155-6 Fees.

Fees assessable by Avalon Borough for the administration and enforcement undertaken pursuant to this article and the code shall be established by Borough Council by resolution from time to time.

§ 155-7 Effective date.

This article shall be July 1, 2004.