[Ord. No. 441, 6/14/2004, § 1]
This Borough hereby elects 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.
[Ord. No. 441, 6/14/2004, § 2; as amended by Ord.
No. 448, 5/18/2005, § 1]
The Uniform Construction Code, contained within 34 Pa. Code,
Chapters 401 to 405, as amended from time to time, is hereby adopted
and incorporated herein by reference as the Borough Building Code
with the following exceptions.
[Ord. No. 441, 6/14/2004, § 2; as amended by Ord.
No. 448, 5/18/2005, § 2]
1.
The Uniform Construction Code does not apply to agricultural buildings,
one-room schoolhouses owned and operated exclusively by a recognized
religious sect, or the following structures if the structure has a
building area of less than 150 square feet and is built without footers
and is accessory to a detached one-family dwelling:
[Ord. No. 441, 6/14/2004, § 3; as amended by Ord.
No. 448, 5/18/2005, § 3]
Administration and enforcement of the Code within this Borough
shall be undertaken as determined by Hatfield Borough Council in accordance
with the regulations of the Pennsylvania Construction Code Act, as
amended herein.
[Ord. No. 441, 6/14/2004, § 4]
A Building Code Board of Appeals (hereinafter "Appeals Board"),
is hereby established by separate resolution in conformity with the
requirements of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 to 7210.1103; § 501(c)
and 34 Pa.Code § 403.121. The Appeals Board shall hear and
rule on appeals, requests for variances and requests for extensions
of time.
[Ord. No. 441, 6/14/2004, § 5; as amended by Ord.
No. 448, 5/18/2005, § 4]
1.
All ordinances and/or resolutions or parts thereof which have previously
been adopted by this Borough before July 1, 1999, and which are equal
to or exceed the requirements of the Code, as adopted in Hatfield
Borough and not revised herein including, but not limited to, the
previously adopted code requirements of Ord. No. 318 of 1988, reenacted
and revised by Ord. No. 357 in 1991, and amended by Ord. No. 364 in
1992, to the extent these requirements equal or exceed the standards
found in the Uniform Construction Code, shall remain in full force
and effect until such time as the provisions of these ordinances fail
to equal or exceed the minimum requirements of the Code, as amended
from time to time.
2.
All ordinances and/or resolutions or parts thereof which have previously
been adopted by this Borough that are in effect as of the effective
date of this Part whose requirements are less than the minimum requirements
of the Code are hereby amended to conform with the comparable provisions
of the Code.
3.
All other ordinances, resolutions, regulations and policies of this
Borough not governed by the Code shall remain in full force and effect.
[Ord. No. 441, 6/14/2004, § 6]
This Code may be changed and/or modified by the Borough Council
of this Borough, in accordance with the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. § 7210.503.
[Ord. No. 441, 6/14/2004, § 7]
A fee schedule for the administration and enforcement undertaken
pursuant to this Part and the Code shall be established by the Borough
Council of this Borough by resolution from time to time.
[Ord. No. 441, 6/14/2004, § 8]
1.
In accordance with § 403.102(l) of Title 34, Part XIV,
Chapter 403 of the Pennsylvania Uniform Construction Code, the following
are amended:
A.
Section 403.43(g); delete the section and replace it with the following:
"A permit becomes invalid unless authorized construction work begins
within one year after the permit's issuance or if the authorized work
permit is suspended or abandoned for 180 days after the work has commenced.
A permit holder may submit a written request for an extension of time
to commence construction for just cause. The Building Code Official
may grant extensions of time to commence construction in writing.
However, the Code Official may not extend the permit for more than
two years from its date of issuance."
B.
Section 403.62(c)(1)(xvii), "Installation of Uncovered Decks," is
deleted in its entirety.
C.
Section 403.64(d), "Inspections." Delete Nos. 1 through 4 and replace
with the following:
[Ord. No. 441, 6/14/2004, § 9]
The Building Code Official, Construction Code Official, member
of the Building Code Board of Appeals, employee and/or appointed individual,
agent or firm charged with the enforcement of the Code, while acting
for the jurisdiction in good faith and without malice in the discharge
of the duties required by the Code or other pertinent law or ordinance,
shall not thereby be rendered liable personally and is hereby relieved
from personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer, agent
or employee because of an act performed by that officer, agent or
employee in the lawful discharge of duties under the provisions of
the Code shall be defended by legal representative of the Borough
until the final termination of the proceedings. The Building Code
Official, Construction Code Official, member of the Building Code
Board of Appeals, employee and/or appointed individual, agent or firm
charged with the enforcement of the Code shall not be liable for the
cost in any action, suit or proceeding that is instituted in pursuance
of the provisions of the Code.
