[HISTORY: Adopted by the Borough Council
of the Borough of Jim Thorpe as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 177.
Numbering of buildings — See Ch. 183.
Fire prevention — See Ch. 233.
Plumbing standards — See Ch. 340.
Property maintenance — See Ch. 348.
Sewers — See Ch. 355.
Stormwater management — See Ch. 377.
Streets and sidewalks — See Ch. 383.
Subdivision and land development — See Ch. 390.
Water — See Ch. 431.
Zoning — See Ch. 500.
[Adopted 4-13-2004 by Ord. No. 2004-01]
The Borough of Jim Thorpe hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999,[1] as amended from time to time, and its regulations.
[1]
Editor's Note: See 35 P.S. § 7210.101
et seq.
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 the Borough of Jim Thorpe.
Administration and enforcement of the Code within
the Borough of Jim Thorpe shall be undertaken in any of the following
ways as determined by the Council of the Borough of Jim Thorpe from
time to time by resolution:
A.
By the designation of an employee of the Borough of
Jim Thorpe to serve as the municipal code official to act on behalf
of the Borough of Jim Thorpe;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Borough
of Jim Thorpe;
C.
By agreement with one or more other municipalities
for the joint administration and enforcement of the Code through an
intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of the Code on behalf of the
Borough of Jim Thorpe;
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 Council of the Borough of Jim Thorpe 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.
Fees assessable by the Borough of Jim Thorpe
for the administration and enforcement undertaken pursuant to this
ordinance and the Code shall be established by the Council of the
Borough of Jim Thorpe by resolution from time to time.
[Adopted 4-20-2006 by Ord. No. 2006-3;
amended 12-14-2017 by Ord. No.
2017-14]
The Borough Council of the Borough of Jim Thorpe hereby authorizes
the Borough of Parryville to enter into and become a part of an existing
"Intermunicipal Agreement establishing a Joint Board of Appeal pursuant
to the Uniform Construction Code" (hereinafter referred to as the
"existing Agreement"), a copy of which is attached hereto and made
a part hereof, by and among various municipalities located in Carbon
County, Pennsylvania, specifically including Franklin Township, Penn
Forest Township, Towamensing Township, East Penn Township and Mahoning
Township and later, by addendum, the Boroughs of Jim Thorpe, Lehighton
and Nesquehoning and the Township of Kidder.[1]
[1]
Editor's Note: Said agreement is on file in the Borough
offices.
The initial term of the existing agreement is five years from
the date of execution of the existing agreement, which was September
4, 2004. According to the existing agreement, it shall continue in
full force and be automatically renewed from year to year thereafter,
unless terminated by the parties in accordance with the provisions
thereof.
A.
The purpose of the existing agreement is to establish a Joint Board
of Appeals pursuant to the Uniform Construction Code by and among
various municipalities located in Carbon County, Pennsylvania.
B.
As delineated in the existing agreement, the responsibilities of
the participating municipalities, including the Borough of Jim Thorpe,
and which shall now include the Borough of Parryville, are:
(1)
Drafting and enacting an ordinance that ratifies the municipalities'
participation in the Joint Board of Appeals and entering into the
agreement in accordance with the requirements of the Intergovernmental
Cooperation Act.
(2)
Adopting or amending the municipalities' existing fee resolution
to provide for substantially equivalent fees to be imposed for appeals
to the Joint Board of Appeals.
(3)
Eliminating any Board of Appeals which the municipality may have
established.
(4)
Making their municipal building available for hearing appeals which
derive or originate from the administration and enforcement of the
Uniform Construction Code in their municipality and having a solicitor
available to advise the Joint Board of Appeals at the hearing.
C.
The responsibilities of the Joint Board of Appeals are:
(1)
Accept properly completed application for appeal (accompanied by
the appropriate filing fee) based on a claim that the true intent
of the Uniform Construction Code has been incorrectly interpreted,
the provisions of the Uniform Construction Code do not fully apply
or an equivalent form of construction is to be used.
(2)
Hear and rule on appeals, requests for variances and requests for
extensions of time.
(3)
Hearings shall be held in accordance with the Local Agency Law.
Each municipality, including the Borough of Jim Thorpe, and
which shall now include the Borough of Parryville, shall be responsible
for all of the cost and expenses associated with appeals which derive
or originate from the administration and enforcement of the Uniform
Construction Code in that municipality.
A.
Establishment of Joint Board of Appeals. As delineated in the existing
agreement, the Joint Board of Appeals shall consist of at least five
individuals who shall be qualified by training and experience to pass
on matters pertaining to building construction. The Joint Board of
Appeals shall consist of more than five individuals if there are more
than five municipalities who are members; that is, each municipality
shall be permitted to appoint at least one member of the Board of
Appeals. Training and experience may consist of licensure as an architect
or engineer, experience in the construction industry, and training
or experience as an inspector or plan reviewer. There shall also be
two alternate members who shall be called by the Chairman of the Board
of Appeals to hear appeals during the absence or disqualification
of a member. Designation of an alternate by the Chairman of the Board
of Appeals pursuant to this section shall be made on a rotating basis
[subject to availability of the alternate(s)].
B.
Term of appointment to Joint Board of Appeals. As delineated in the
existing agreement, the term of the first five members shall be as
follows: one for five years, one for four years, one for three years,
one for two years, and one for one year. Thereafter, each new member
shall serve for five years or until a successor has been appointed.
Alternate members shall also be appointed for five years or until
a successor has been appointed. If there are more than five members
appointed to the Board, as near as possible an equal number of members
appointed shall also be appointed so that their term shall expire
evenly.
C.
Appointment of members to Joint Board of Appeals. As delineated in
the existing agreement, the members of the Joint Board of Appeals,
and the alternates, shall be appointed by the municipalities on a
rotating basis in alphabetical order until all of the positions are
filled. Successors shall be appointed by the municipality who appointed
the person being succeeded (i.e., the person being replaced). The
person appointed by each municipality shall be a resident of one of
the municipalities.
As delineated in the existing agreement, it is not anticipated
that the Joint Board of Appeals will have any employees. Therefore,
the Joint Board of Appeals is not empowered to enter into contracts
for policies of group insurance and employee benefits, including Social
Security, for employees.
