[HISTORY: Adopted by the Borough Council of the Borough of
Quarryville 6-23-2004 by Ord. No.
352. Amendments noted where applicable.]
Quarryville 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
Quarryville Borough.
Administration and enforcement of the code within Quarryville
Borough shall be undertaken in any of the following ways as determined
by the governing body of Quarryville Borough from time to time by
resolution:
A.
By the designation of an employee of Quarryville Borough to serve
as the municipal code official to act on behalf of Quarryville Borough;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Quarryville Borough;
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 Quarryville Borough;
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review and inspections of and for enforcement
relating to 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 Quarryville Borough 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. The following provisions shall apply:
A.
Any appeal from a determination of the building code official or
construction code official, as such terms are defined in the Act must
be filed within 20 calendar days of the determination.
B.
No appeal or application to the Board of Appeals shall be considered
complete without payment of the required filing fee.
C.
Any applicant who files an appeal, may request, in writing at the
time of filing the appeal, that a hearing be held by the Appeals Board.
If no hearing is requested, the Board of Appeals shall render its
decision based upon the written submissions of the party filing the
appeal and the building code official.
All building code ordinances or portions of ordinances which
were adopted by Quarryville 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.
A.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this ordinance and whose requirements
are less than the minimum requirements of the code are hereby amended
to conform with the comparable provisions of the code.
B.
All relevant ordinances, regulations and policies of this municipality
not governed by the code shall remain in full force and effect.
Fees assessable by Quarryville Borough for the administration
and enforcement undertaken pursuant to this ordinance and the code
shall be established by the governing body by resolution from time
to time.
Any individual, firm or corporation that fails to comply with
one or more sections of the Act, commits a separate summary offense for each section violated and
each day that any such violation continues constitutes a separate
offense.
A.
Any party convicted of a summary offense hereunder shall be sentenced
to pay a fine of not less than $100 and not more than $1,000, plus
costs.
B.
In addition to the penalties provided herein, the Municipal Solicitor
is hereby authorized to seek equitable relief for violations of the
code.
C.
The municipal code official designated by Quarryville Borough is
hereby authorized to conduct plan reviews and inspections, issue building
permits, file enforcement actions and take any other actions as may
from time to time be necessary to administer and enforce the code.
D.
No application for a permit under the Uniform Construction Code shall be considered complete unless the applicant provides copies of any necessary permits or approvals under Chapter 420, Zoning, Chapter 355, Subdivision and Land Development, and Chapter 343, Stormwater Management, and pays all fees.
E.
The applicant and contractor are jointly responsible to determine
that the permit under the Uniform Construction Code has been issued
prior to commencement of work and shall jointly insure that a copy
of the permit be posted in a visible location upon commencement of
work.
F.
A certificate of occupancy issued under the Uniform Construction
Code shall contain a statement that such certificate shall not be
deemed permission to occupy the structure or commence a use if any
other ordinance requires issuance of a permit or certificate prior
to use and occupancy and the applicant has not yet obtained such other
permit or certificate.
Terms used herein which are defined in the Pennsylvania Construction
Code Act[1] and regulations promulgated thereunder shall have the
meaning ascribed to them in the Act. This chapter hereby specifically
incorporates by reference the various codes adopted by the Department
of Labor and Industry in the Pennsylvania Uniform Construction Code
including, without limitation, the International Building Code 2003
and the International Fuel Gas Code 2003.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
This chapter shall be effective July 8, 2004.
