[HISTORY: Adopted by the Board of Supervisors
of the Township of Darlington 6-14-2004 by Ord. No. 43. Amendments noted where
applicable.]
B.
The Uniform Construction Code, contained in 34 Pa.
Code Chapters 401 through 405, as amended from time to time, is hereby
adopted as the Building Code for the Township of Darlington, Beaver
County, Pennsylvania, including all codes and regulations hereafter
adopted by the Department of Labor and Industry as a part of the Uniform
Construction Code. All such codes and regulations are incorporated
herein by reference to the same extent as if they were fully set forth
herein.
A.
It shall be the responsibility of the Code Administrator
to issue all permits for the construction, alteration, repair, demolition,
location, maintenance or installation of and/or relating to a building,
structure, elevator or equipment under the Uniform Construction Code.
B.
It shall be the responsibility of the Building Code
Official to collect all fees prescribed by this chapter and to supervise,
manage and enforce the Uniform Construction Code.
C.
All permit fees shall be assessed for work governed
by the Uniform Construction Code in accordance with the schedule of
fees attached hereto, made a part hereof and marked Exhibit "A," which
may be amended from time to time by resolution of the Board of Supervisors
of Darlington Township.[1]
[1]
Editor's Note: The fee schedule is on file in the Township
office.
C.
The members of the Board of Appeals shall be compensated
for travel and other necessary expenses and, in addition, shall be
paid such per diem allowance for each day of their service in the
performance of their duties as shall be established by resolution
of the Board of Supervisors of Darlington Township.
A.
Should an inspection reveal a violation of the Uniform
Construction Code, the Building Code Official and the Code Administrator
shall discuss the inspection results with the owner or owner's representative
at the completion of the inspection.
B.
The Building Code Official shall issue a written notice
of violations to the owner or owner's agent. The notice shall contain
a description of the violations and an order requiring correction
of the violations within a reasonable period determined by the Building
Code Official.
C.
After the compliance date contained in the order,
the Building Code Official or his designee shall inspect the building,
structure or equipment to determine whether the violation was corrected.
The Building Code Official shall close the order if the violation
was corrected; the Building Code Official may issue an order to show
cause under Regulation 403.83[1] to the owner for a violation that was not corrected.
[1]
Editor's Note: See 34 Pa. Code § 403.83.
A.
A Building Code Official may initiate action to vacate
or close a building or structure or place equipment out of operation
for violations of the Uniform Construction Code by issuing an order
to show cause to the owner of the building or structure or equipment.
B.
The order to show cause shall contain a statement
of the grounds for the action, the alleged violations of the Uniform
Construction Code, and notification that the building or structure
may be closed or vacated, or equipment placed out of operation. The
order to show cause shall contain notification that the owner shall
submit a written answer within 30 days. The Building Code Official
shall serve the order to show cause upon the owner or owner's agent
by certified mail or in person.
C.
The owner or owner's agent may file a written answer
to the order to show cause with the Building Code Official within
30 days following service of the order to show cause. The answer shall
contain specific admissions or denials of the allegations contained
in the order to show cause and shall set forth the specific facts,
matters of law, or Uniform Construction Code interpretation relied
upon by the owner. The answer may contain a request for a variance
or an extension of time for compliance. The Building Code Official
shall forward all requests for variances, extensions of time or issues
regarding interpretations of the Uniform Construction Code to the
Board of Appeals within five business days of service of the order
to show cause.
D.
The Board of Appeals shall assume jurisdiction and
consolidate the answer with a pending request for variance or extension
of time or appeal filed by the owner with the Board of Appeals. The
Building Code Official shall consider the pending request for variance,
extension of time or appeal as a stay to an enforcement action.
E.
After receipt of the answer, the Building Code Official
may take the following actions if the owner did not previously file
an appeal or request for a variance or extension of time:
F.
The Building Code Official shall inspect the construction
at the expiration of an extension of time or other time period granted
for compliance under this section. If the building, structure or equipment
violates the Uniform Construction Code following inspection, the Building
Code Official may issue an order vacating or closing the building
or structure or placing equipment out of operation. The Building Code
Official shall serve this order upon the owner or owner's agent by
certified mail or personal service.
A.
The Building Code Official may issue a written stop-work
order when he determines that construction work violates the Uniform
Construction Code or is being performed in a dangerous or unsafe manner.
The stop-work order shall contain the reasons for the order and list
the required conditions for construction work to resume.
B.
The Building Code Official shall serve the stop-work
order on the permit owner or the owner's agent by certified mail or
in person.
C.
A person who continues construction work after service
of a stop-work order, except for construction work that is necessary
to remove a violation or an unsafe condition, may be subject to the
penalties under Section 903 of Act 45 of 1999.[1] The Building Code Official may seek enforcement of a stop-work
order in a court of competent jurisdiction.
[1]
Editor's Note: See 53 P.S. § 7210.903.
This chapter shall be effective July 7, 2004.
