Borough of Middletown, PA Chapter 114 Construction Code, Uniform

[HISTORY: Adopted by the Borough Council of the Borough of Middletown 5-3-2004 by Ord. No. 1177, approved 5-3-2004. Amendments noted where applicable.]

GENERAL REFERENCES

Code enforcement — See Ch. 127.

Fire prevention — See Ch. 155.

Flood damage prevention — See Ch. 158.

Subdivision of land — See Ch. 238.

Zoning — See Ch. 260.

§ 114-1 Uniform Construction Code (UCC) adopted.

[Amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005[1]]

A. Pursuant to Ordinance No. 1177 of 2004, the Borough of Middletown hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101 et seq., and its regulations, as amended from time to time. The Uniform Construction Code, as contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein and shall be referenced as the "Municipal Building Code of the Borough of Middletown."

[Amended 10-1-2007 by Ord. No. 1226, approved 10-1-2007; 11-1-2016 by Ord. No. 1330, approved 11-1-2016]

B. All relevant ordinances, regulations and policies of the Borough of Middletown not governed by the code shall remain in full force and effect.

[1] Editor's Note: This ordinance also renumbered former §§ 113-16 through 113-19 as §§ 114-1 through 114-4, respectively.

§ 114-2 Administration and enforcement.

Administration and enforcement of the code within the Borough of Middletown shall be undertaken in any of the following ways as determined by the Council of the Borough of Middletown from time to time by resolution:

A. By the designation of an employee of the Borough of Middletown to serve as the Building Code Official to act on behalf of the Borough of Middletown;

[Amended 11-1-2016 by Ord. No. 1330, approved 11-1-2016]

B. By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough of Middletown;

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 Middletown;

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.

§ 114-3 Appeals.

[Amended 11-1-2016 by Ord. No. 1330, approved 11-1-2016]

The Joint Board of Appeals operated by the West Shore Council of Governments (the "JBA-WSCOG"), or its successors, shall be the appellate body for the purposes of this chapter. Should the JBA-WSCOG or its successors become defunct and without a successor, Borough Council shall establish a Board of Appeals by resolution in conformity with the requirements of the relevant provisions of the code, as amended from time to time.

§ 114-4 Fees.

Fees assessable by the Borough of Middletown for the administration and enforcement undertaken pursuant to this article and the code shall be established by the Council of the Borough of Middletown by resolution.

§ 114-5 Code review reimbursement.

[Added 12-3-2007 by Ord. No. 1228, approved 12-3-2007; amended 11-1-2016 by Ord. No. 1330, approved 11-1-2016]

Any costs associated with code review by the Borough, including third-party review of plans, proposals, specifications, or documents, shall be reimbursed to the Borough, by applicants; applicant being the party that executes the documents being submitted. The Building Code Official may ask for reasonable funds to be deposited at the time of application, to be held in escrow, in order that expenses associated with code review are properly reimbursed.