[HISTORY: Adopted by the Borough Council of the Borough of
Vandergrift 3-7-2005 by Ord. No.
4-2005. Amendments noted where applicable.]
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, including, but not limited to, as a revised or
successor code, the International Fuel Gas Code, which, for purposes
of this chapter, shall be referred to as referenced within the Pennsylvania
Construction Code Act, Act 45 of 1999, as amended from time to time,
and its regulations.
A.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of this Borough.
The code to be adopted will incorporate the following codes as the
Uniform Construction Code:
(1)
The provisions of Chapters 2 to 29 and 31 to 35 of the International
Building Code.
(2)
The ICC Electrical Code.
(3)
The International Mechanical Code.
(4)
The International Fuel Gas Code.
(5)
The International Plumbing Code.
(6)
The International Residential Code.
(7)
The International Fire Code.
(8)
The International Energy Conservation Code.
(9)
Sections AE501 to AE503 and AE601 to AE605 of Appendix E of the International
Residential Code "Manufactured Housing Used as Dwellings."
(10)
The International Existing Building Code.
(11)
The International Urban-Wildlife Interface Code.
(12)
Appendix E of the International Building Code "Supplementary
Accessibility Requirements."
(13)
Appendix H of the International Building Code "Signs."
(14)
Appendix G of the International Residential Code "Swimming Pools,
Spas and Hot Tubs."
B.
And other codes which shall be added, deleted or amended from time
to time and their regulations.
Administration and enforcement of the code within this Borough
shall be undertaken in any of the following ways, as determined by
the governing body of this Borough from time to time by ordinance
or, if permitted by state law, 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.
(1)
If the inspection is conducted by a third-party agency, the following
minimum requirements shall apply and all must be certified to by the
Borough prior to conducting the inspection:
(a)
Error and omissions insurance coverage with a minimum limit
of $1,000,000 per occurrence;
(b)
Compliance with the express language of Act 45, Section 501(d),
as the same relates to good standing;
(c)
Filing of a certification with the Borough that all inspections
will be conducted and completed within the time limits provided within
the Uniform Construction Code for each individual inspection to be
conducted.
(d)
Should any third-party agency fail to comply with the requirements
of Act 45, including the failure to conduct a timely inspection, said
third-party agency shall be precluded from conducting any additional
inspections in the Borough of Vandergrift.
C.
By agreement with one or more other municipalities for the joint
administration or enforcement of this act through an intermunicipal
agreement.
D.
By entering into a contract with another Borough for the administration
and enforcement of this act on behalf of this 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 structure.
A board of appeals shall be established by resolution of the
governing body of this Borough in conformity with the requirements
of the relevant provisions of the code, as amended from time to time,
and for the purpose 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.
A.
All building code ordinances or portions of ordinances which were
adopted by this 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 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.
C.
All relevant ordinances, regulations and policies of this Borough
not governed by the code shall remain in full force and effect.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this chapter and the code shall be established
by the governing body by resolution from time to time.