[HISTORY: Adopted by the Borough Council of the Borough of
Mount Holly Springs 7-1-2004 by Ord. No. 2004-02. Amendments noted where applicable.]
This municipality hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 to 7210.1103, as amended from time
to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the Municipal Building Code of this municipality.
Administration and enforcement of the Code within this municipality
shall be undertaken in any of the following ways as determined by
the Borough Council of the Borough of Mount Holly Springs 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 established by the Western Cumberland Council
of Governments shall be utilized by the Borough of Mount Holly Springs
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. 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 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 from time to time by Borough Council by resolution
or by joint action by the Borough of Mount Holly Springs and member
municipalities of the Western Cumberland Council of Governments.
The International Residential Code, 2003 Edition, as adopted
as part of the Uniform Construction Code, is hereby modified as follows:
Any individual, firm or corporation that violates any provision
of this chapter or the codes hereby adopted shall be subject to an
enforcement action brought before the Magisterial District Judge in
the same manner as provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure and upon a finding
of guilt, shall be fined in an amount not to exceed $1,000 per violation
together with costs of the action and may be subject to imprisonment
to the extent allowed by law for the punishment of summary offenses.
Each day that a violation of this chapter continues shall be considered
a separate violation.
Nothing in this chapter or in the codes hereby adopted shall
be construed to affect any suit or proceeding pending in any court,
or any rights acquired, or liability incurred, or any cause of action
acquired or existing, nor shall any just or legal right or remedy
or any character be lost, impaired or affected by this chapter.
If any section, subsection, provision, regulation, limitation,
restriction, sentence, clause, phrase or word in this chapter or in
the codes hereby adopted is declared by any reason to be illegal,
unconstitutional, or invalid by any court of competent jurisdiction,
such decision shall not effect or impair the validity of this chapter
as a whole, or any other section, subsection, provision, regulation,
limitation, restriction, sentence, clause, phrase, word or remaining
portion of this chapter or in the codes hereby adopted. The Borough
Council hereby declares that it would have adopted this chapter and
each section, subsection, provision, regulation, limitation, restriction,
sentence, clause, phrase and word thereof, irrespective of the fact
that any one or more of the sections, subsections, provisions, regulations,
limitations, restrictions, sentences, clauses, phrases or words may
be declared illegal, unconstitutional or invalid.
This chapter shall become effective in accordance with applicable
law.
