[HISTORY: Adopted by the Borough Council of the Borough of
Milford 7-7-2004 by Ord. No. 361. Amendments noted where applicable.]
Milford Borough 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.
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
Milford Borough.
Administration and enforcement of the code within Milford Borough
shall be undertaken in any of the following ways as determined by
the governing body of this Municipality 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 Municipality;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Municipality;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this chapter through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this chapter on behalf of this Municipality;
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.
A Board of Appeals shall be established by resolution of the
governing body of this Municipality in conformity with the requirement
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 of 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 Municipality 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 the Municipality
not governed by the code shall remain in full force and effect.
The Council reserves the power to establish policies and procedures
for the implementation of this chapter from time to time as it deems
appropriate.
Fees assessable by the Municipality 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.
[Added 11-7-2005 by Ord.
No. 371]
State exemptions which do not apply:
A.
Any exemption set forth in the UCC which does not require Borough
building permits for finishing basements, converting rooms to bedrooms
or any other conversion of nonhabitable space to habitable space shall
not apply under this chapter.
B.
Any definition of repair not requiring a building permit under this
chapter shall be as follows:
C.
All decks attached to the dwelling will require a building permit.
Decks associated with pools, which require a permit under this or
any other Borough ordinance, shall not be exempt.
D.
UTILITY AND MISCELLANEOUS USE STRUCTURES
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Buildings or structures of an accessory character and miscellaneous
structures not classified by the Buildings Officials and Code Administrators
International, Inc., in any specific use group. The term shall not
include carports, detached private garages, greenhouses and sheds
of 200 square feet or more in building area; nor shall it include
swimming pools or spas.
This chapter shall be effective beginning on July 7, 2004.
