The Borough of Cheswick hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 to 405 et seq., as amended from time to time, is hereby adopted
and incorporated herein by reference as the municipal building code
of the Borough of Cheswick.
Administration and enforcement of the code within the Borough
of Cheswick shall be undertaken in any of the following ways as determined
by the governing body of the Borough of Cheswick 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 the Borough of Cheswick;
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 the Borough of Cheswick 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, the Board of Appeals
shall be established by joint action of the participating municipalities.
All building code ordinances or portions of ordinances which
were adopted by the Borough of Cheswick 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.
All building code ordinances or portions or 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.
All relevant ordinances, regulations and policies of the Borough
of Cheswick 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.
This chapter shall be effective five business days after the
date of passage of this chapter, or on April 9, 2004, whichever shall
occur later.
If any section, subsection, sentence or clause of this chapter
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this chapter.