[Adopted 6-24-2004 by Ord. No. 04-3]
The Borough of Sharpsburg 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.
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 the Borough of Sharpsburg.
By virtue of the submission by the Borough of Sharpsburg to the jurisdiction of the Allegheny County Health Department pursuant to the Local Health Administration Law, 16 P.S. §§ 12001 to 12028, the Allegheny County Health Department shall administer and enforce its Article XV, Rules and Regulations for Plumbing, which incorporates the International Plumbing Code and plumbing Chapters 25 through 32 of the International Residential Code. Article XV shall take precedence over the International Plumbing Code, plumbing Chapters 25 through 32 of the International Residential Code where the requirements of Article XV exceed the requirements of the International Plumbing and Residential Codes.
Administration and enforcement of the code within the Borough of Sharpsburg shall be undertaken in any of the following ways, as determined by the Council of the Borough of Sharpsburg from time to time by resolution:
By the designation of an employee of the Borough of Sharpsburg to serve as the municipal code official to act on behalf of the Borough of Sharpsburg;
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough of Sharpsburg;
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Borough of Sharpsburg;
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.
The Allegheny County Health Department, Plumbing Division, is hereby designated to administer and enforce its Article XV, which incorporates the International Plumbing Code and Chapters 25 through 32 of the International Residential Code.
A board of appeals shall be established by resolution of the Council of the Borough of Sharpsburg 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, except that any appeals filed with respect to Article XV of the Allegheny County Health Department Rules and Regulations, which incorporates the International Plumbing Code and Chapters 25 through 32 of the International Residential Code, shall be conducted by the Allegheny County Health Department in accordance with Article XI of the Allegheny County Health Department Rules and Regulations.
All building code ordinances or portions of ordinances which were adopted by the Borough of Sharpsburg 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 the provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
All building code ordinances or portions of ordinances which are in effect 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.
All relevant ordinances, regulations and policies of the Borough of Sharpsburg not governed by the code shall remain in full force and effect.
Fees assessable by the Borough of Sharpsburg for the administration and enforcement undertaken pursuant to this part and the code shall be established by the Council by resolution from time to time, except those fees as required by the Plumbing Division of the Allegheny County Health Department.
[Adopted 5-6-2014 by Ord. No. 14-04]
A certain document, three copies of which are on file in the office of the Borough Secretary of Borough of Sharpsburg, being marked and designated as the International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Sharpsburg, in the State of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and for the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Sharpsburg are hereby referred to, adopted and made a part hereof as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 5-202 of this part.
The following sections are hereby revised:
Section 101.1. Insert: "Borough of Sharpsburg."
Section 103.5. Insert: "current Sharpsburg Borough Fee Schedule."
Section 112.4. Insert: "not less than $300 and not more than $1,000."
Section 302.4. Insert: "Ordinance No. 11-03, height not to exceed 12 inches. Each day of noncompliance shall constitute a separate offense."
Section 304.14. Insert: "April 1 through October 31 for screens."
Section 602.3. Insert: "October 1 through May 1 for heating."
Section 602.4. Insert: "October 1 through May 1 for heating."
Ordinance No. 09-06 of the Borough of Sharpsburg, entitled "2009 Edition of the International Property Maintenance Code," and all other ordinances or parts of laws in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this part. The Council hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 5-203 of this part, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
This part and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect May 30, 2014, from and after the date of its final passage and adoption.