[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery 6-28-2004 by Ord. No. 04-181.
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. §§ 7210.101-7210.1103,
as amended from time to time, and its regulations.
The Uniform Construction Code, contained within Title 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.
Administration and enforcement of the Code within this municipality
shall be undertaken, as determined by the governing body having jurisdiction,
in accordance with the regulations of the Pennsylvania Construction Code Act.
A Building Code Board of Appeals (hereinafter "Appeals Board") is hereby
established by separate resolution in conformity with the requirements of
the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103;
Section 501(c) and Title 34 Pa. Code, § 403.121. The Appeals Board
shall hear and rule on appeals, requests for variances and requests for extensions
of time.
A.
All ordinances and/or resolutions or parts thereof which
have previously been adopted by this municipality on or before July 1, 1999,
and which are equal to or exceed the requirements of the code shall remain
in full force and effect until such time as the provisions of these ordinances
fail to equal or exceed the minimum requirements of the code, as amended from
time to time.
B.
All ordinances and/or resolutions or parts thereof which
have previously been adopted by this municipality that 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 other ordinances, resolutions, regulations and policies
of this municipality not governed by the code shall remain in full force and
effect.
This code may be changed and/or modified by the governing body of this
municipality, in accordance with the Pennsylvania Construction Code Act, Act
45 of 1999, 35 P.S. §§ 7210.101-7210.1103, Section 503.
A fee schedule for the administration and enforcement undertaken pursuant
to this chapter and the code shall be established by the governing body of
this municipality by resolution from time to time.
In accordance with Section 403.102(1) of Title 34, Part XIV, Chapter
403, the following are amended:
The Building Code Official, Construction Code Official, member of the
Building Code Board of Appeals, employee and/or appointed individual, agent
or firm charged with the enforcement of the code, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required by
the code or other pertinent law or ordinance, shall not thereby be rendered
liable personally and is hereby relieved from personal liability for any damage
accruing to persons or property as a result of any act or by reason of an
act or omission in the discharge of official duties. Any suit instituted against
an officer, agent or employee because of an act performed by that officer,
agent or employee in the lawful discharge of duties under the provisions of
the Code shall be defended by the legal representative of the jurisdiction
until the final termination of the proceedings. The Building Code Official,
Construction Code Official, member of the Building Code Board of Appeals,
employee and/or appointed individual, agent or firm charged with the enforcement
of the code shall not be liable for the cost in any action, suit or proceeding
that is instituted in pursuance of the provisions of the code.
All other ordinances and/or resolutions or parts thereof which are in
conflict with this chapter are hereby repealed.
Nothing in this chapter or in the code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 80-10 of this chapter, nor shall any just or legal right of remedy of any character be lost, impaired or affected by this chapter.
The effective date of this chapter shall be July 7, 2004.
