Subject to the provisions of this chapter and applicable law, Newtown 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 (the "Act"), and the regulations promulgated thereunder.
[HISTORY: Adopted by the Borough Council of the Borough of Newtown 6-8-2004 by Ord. No. 651[1] (Ch. 71 of the 1982 Code). Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 71, Building Construction, adopted 4-13-1999 by Ord. No. 584, as amended.
[Amended 9-14-2021 by Ord. No. 778]
Administration and enforcement of the code within Newtown Borough shall be undertaken in any of the following ways, as determined by the Newtown Borough Council from time to time by resolution:
A.
By designating an employee of Newtown Borough to serve as the Municipal Code Official to act on behalf of Newtown Borough;
B.
By retaining of one or more Construction Code Officials or third-party agencies to act on behalf of Newtown Borough;
C.
By agreeing with one or more municipalities for the joint administration and enforcement of the Act and the code through an intermunicipal agreement; or
D.
By entering into a contract with another municipality for the administration and enforcement of the Act and the code on behalf of Newtown Borough.
A.
Creation of Appeals Board. A Building Code Board of Appeals (the "Board of Appeals") is established in conformity with the requirements of the Act and the code. The Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time arising under the code.
B.
Appointment of members. The Board of Appeals shall consist of no fewer than three and no more than five members appointed by the Council. The Council shall appoint the initial Board of Appeals members to terms of varying length to establish staggered terms. After the initial appointments, each new member shall serve for five years or until a successor has been appointed. In addition, in conformity with the requirements of Chapter 294 of the Borough Code of Ordinances, the fire code official shall be an ex officio member of said Board but shall not have a vote on any matter before the Board.
[Amended 10-10-2023 by Ord. No. 794]
C.
Qualifications of members. The members of the Board of Appeals shall, in the discretion of the Council, be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry or training or experience as an inspector or plan reviewer. No member of the Council nor any code inspector employed by Newtown Borough may serve on the Board of Appeals. If the Council is unable to find a sufficient number of qualified individuals who reside within Newtown Borough, it may appoint a qualified person(s) who resides outside of Newtown Borough to fill a position.
D.
Alternate members. The Council may appoint up to two alternate members who may be called by the Chair of the Board of Appeals to hear appeals in the event of the absence or disqualification of a member. Alternate members shall possess the qualifications required for membership and shall be appointed for five years or until a successor has been appointed.
E.
Intergovernmental cooperation. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, the Council is hereby authorized to enter into an intergovernmental cooperation agreement with one or more municipalities to create a Board of Appeals.
F.
Chairperson and Secretary. The Board of Appeals shall annually select one of its members to serve as Chair and Secretary. The Secretary of the Board of Appeals shall file a detailed record of all proceedings with Newtown Borough.
G.
Disqualification of member. No member of the Board of Appeals may hear an appeal in which that member has any personal, professional or financial interest.
H.
Operation of Board of Appeals. The procedure for conducting hearings and notices of hearings shall be established by resolution of the Council and shall be consistent with Act, the code and all other applicable laws and regulations.[1]
[1]
Editor's Note: Original Secs. 71-5, Preservation of existing ordinances, 71-6, Repeal of certain prior ordinances, and 71-7, Changes to amendable sections of the Code, of the 1982 Code, which immediately followed this section, were repealed 9-14-2021 by Ord. No. 778.
[Amended 9-14-2004 by Ord. No. 654; 9-14-2021 by Ord. No. 778]
Newtown Borough may enact construction standards that exceed the minimum requirements of the code in accordance with the provisions and procedures set forth in the Act and the code.
The Newtown Borough Council may, by resolution adopted from time to time, prescribe reasonable fees for the administration and enforcement of the code undertaken pursuant to this chapter and the code.