[HISTORY: Adopted by the Borough Council of the Borough of Ephrata
6-14-2004 by Ord. No. 1381. Amendments noted where
applicable.]
The Borough of Ephrata hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103
and its regulations, as they may be amended from time to time.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405,
as amended from time to time, is hereby adopted and incorporated herein by
reference as the municipal building code of the Borough of Ephrata.
Administration and enforcement of the Code within the Borough of Ephrata
shall be undertaken in any of the following ways as determined by the Council
of the Borough of Ephrata from time to time by resolution:
A.
By the designation of an employee of the Borough of Ephrata
to serve as the municipal code official to act on behalf of the Borough of
Ephrata;
B.
By the retention of one or more construction code officials
or third-party agencies to act on behalf of the Borough of Ephrata;
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 is hereby created in order to hear and decide appeals
of orders, decisions or determinations made by the Building Official relative
to the application and interpretation of this Code and to resolve any appeal
issues that may arise in the execution of the Code.
A.
The Board of Appeals shall consist of three members appointed
by Borough Council and at Borough Council's pleasure as follows: one
for five years, one for four years and one for three years. Thereafter, each
new member shall serve a term of five years or until a successor has been
appointed. The Board shall adopt rules of procedure for conducting its business.
B.
All actions and activities of the Board of Appeals shall
be governed by the requirements of the Uniform Construction Code.
A.
All building code ordinances or portions of ordinances
which were adopted by the Borough of Ephrata 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 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.
C.
All relevant ordinances, regulations and policies of
Borough of Ephrata not governed by the Code shall remain in full force and
effect.
Fees assessable by the Borough of Ephrata for the administration and
enforcement undertaken pursuant to this chapter and the Code shall be established
by the Council of the Borough of Ephrata by resolution from time to time.
