[Ord. 711, 4/20/2004, § 1]
The Borough of Ben Avon 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 regulations promulgated thereunder.
[Ord. 711, 4/20/2004, § 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 Ben Avon.
[Ord. 711, 4/20/2004, § 3]
1. Administration and enforcement of the Code within this Borough shall
be undertaken in any of the following ways as determined by the Borough
Council of this Borough from time to time by resolution:
A. By the designation of an employee of the Borough to serve as the
municipal code official to act on behalf of the Borough.
B. By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough.
C. By agreement of the Borough with one or more other municipalities
for the joint administration and enforcement of this Act through an
inter-municipal agreement.
D. By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the 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.
[Ord. 711, 4/20/2004, § 4]
A Board of Appeals shall be established by resolution of the
Borough Council of Ben Avon 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,
and Board of Appeals shall be established by joint action of the participating
municipalities.
[Ord. 711, 4/20/2004, § 5]
1. All building code ordinances or portions of ordinances which were
adopted by the Borough of Ben Avon 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.
2. All building code ordinances or portions of ordinances which are
in effect in the Borough of Ben Avon 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.
3. All relevant ordinances, regulations and policies of the Borough
of Ben Avon not governed by the Code shall remain in full force and
effect.
[Ord. 711, 4/20/2004, § 6]
Fees assessable by the Borough of Ben Avon for the administration
and enforcement undertaken pursuant to this Part and the Code shall
be established by the Borough Council by resolution from time to time.