[HISTORY: Adopted by the Borough Council
of the Borough of New Hope 6-8-2004 by Ord. No. 2004-2. Amendments noted where
applicable.]
New Hope 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.
A.
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 New Hope Borough.
B.
Portions of said Uniform Construction Code 2003 Edition
require certain information to be provided which is unique to individual
municipalities. Accordingly, the following information is provided
in order to complete the Code:
(1)
Sections requiring geographical designation shall
specify New Hope Borough.
(2)
Sections setting forth criminal penalties shall specify
fines of $1,000 per day of each violation, and potential incarceration
of not more than 90 days, but said fine or any fee schedule may be
modified by resolution of Council without the necessity of ordinance
change or amendment.
[Amended 6-13-2007 by Ord. No. 2007-08]
(3)
Sections requiring notice shall specify a time period
of 30 days.
[Amended 6-13-2007 by Ord. No. 2007-08]
(4)
Sections requiring an enactment date shall specify
that these Codes become effective immediately.
[Amended 6-13-2007 by Ord. No. 2007-08]
Administration and enforcement of the Code within
this municipality 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 municipality
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 Act through an
intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this Act 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
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.
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. The municipality may amend its building code to exceed
the minimum requirements of said Pennsylvania Code.
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 municipality not governed by the Code shall remain in full
force and effect.
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 8-16-2016 by Ord. No. 2016-02]
A.
The purpose of this subsection is to provide a procedure for New
Hope Borough to use the standards established by the Pennsylvania
Department of Labor and Industry for the issuance of certificates
of occupancy for uncertified buildings in New Hope Borough.
C.
The appropriate New Hope Borough code official shall utilize the
standards set forth in 35 P.S. § 7210.902(b) and 34 Pa.
Code § 403.28(b) in processing applications for a certificate
of occupancy for an uncertified building.
D.
The authorization for New Hope Borough to utilize these standards
is set forth in 35 P.S. § 7210.902(c)(3) and 34 Pa. Code
§ 403.28(c)(3).