City of Monessen, PA Construction Codes, Uniform

The City hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended from time to time, and its regulations.

§ 172-2 Adoption of standards. [1]

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 building code of the City.

[1]

Editor's Note: Ordinance No. 2-2012, adopted 5-16-2012, adopted the 2012 International Existing Building Code, the 2012 International Building Code, Chapters 20.9 and 31 through 35, and the 2012 International Fire Code, all issued by the International Code Council, and including all errata issued by the ICC, as the Existing Buildings Code, the Building Code and the Fire Prevention Code of the City of Monessen.

§ 172-3 Methods of administration and enforcement.

Administration and enforcement of the code within the City shall be undertaken in any of the following ways as determined by the governing body of the City from time to time by resolution:

By the designation of an employee of the City to serve as the code official to act on behalf of the City;

By the retention of one or more construction code officials or third-party agencies to act on behalf of the City;

By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement

By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the City;

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.

§ 172-4 Building Code Board of Appeals.

[Amended 10-11-2021 by Ord. No. 1251]

The Building Code Board of Appeals shall serve as the Board of Appeals in conformity with the requirements of the relevant provisions of the Uniform Construction Code of the Commonwealth of Pennsylvania (UCC) and the International Property Maintenance Code (IPMC), as adopted by the City of Monessen, as the same may be amended from time to time, 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 the joint action of the participating municipalities. No members of City Council may serve as members of the Building Code Board of Appeals.

The Board of Appeals shall consist of seven members: six regular members and one alternate, all of whom will be appointed by the Mayor, with confirmation of a majority vote of City Council. The terms of appointment for the regular members shall be one member to be appointed for five years, one for four years, one for three years, one for two years, and two for one year; and thereafter, each new regular member shall serve for five years or until his successor has been appointed. The alternate member shall be appointed for a term of one year.

Each member shall be qualified by training and experience to pass upon matters pertaining to building construction. One member shall be a registered architect, one shall be a registered professional engineer whose experience pertains to building construction, one shall be a competent builder, one shall be the Chief of the Monessen Bureau of Fire, one shall be a person knowledgeable in electricity and one shall be an interested citizen of the City representing the public. The member knowledgeable in electricity shall be present at all meetings when an appeal is heard involving matters relating to the City Electrical Code. In addition, one alternate shall be appointed who shall be, an engineer, builder or architect with the qualifications set forth above. Each appointee shall be a resident of or have their place of business in Westmoreland County, Pennsylvania. Said members are not required to be residents of the City of Monessen. The Board of Appeals shall be appointed to serve with no salary, and any expenses incurred in connection with such offices are to be paid by the City upon proper presentation of bills.

A quorum shall consist of four members. A majority vote of the members present shall constitute an official action of the Board. If fewer than four members are present, an appeal may be heard by the members of the Board present if the appellant and the Code Enforcement Officer or their representative consent. In such a case, the action taken shall be considered an official action of the Board.

Any party aggrieved by a decision of the Board of Appeals may appeal to the Court of Common Pleas of Westmoreland County as provided by law.

Any owner or landlord aggrieved by the action or decision of the Code Enforcement Officer, excepting those matters that have become the subject of citations and thereby have been submitted to the jurisdiction of the District Magistrate for the City of Monessen, may take an appeal to the Building Code Board of Appeals within 10 municipal working days from the date of the action or decision being appealed. The Building Code Board of Appeals shall convene a hearing as prescribed in this section.

All appeals under this chapter must be made, in writing, to the Building Code Board of Appeals and directed to them, via the Code Enforcement Department, and addressed to the municipal building. Such appeals shall be made in writing and received by the Building Code Board of Appeals as indicated above no later than the 10th municipal business day from the date the aggrieved decision is mailed. Said written appeal must specify the decision that is being appealed and state the reason or reasons therefor and specify any facts in support of said appeal. This written appeal must be accompanied by a sworn affidavit. Also, the appeal must be accompanied by a fee of $150, payable in advance to the City of Monessen Treasurer, for each appeal taken, to cover the costs of the notices of hearing, the hearing, and the cost of a stenographic record of the hearing. This fee shall be refundable to the appellant in such instances where the Building Code Board of Appeals reverses the decision of the Code Enforcement Officer.

The Building Code Board of Appeals shall schedule a hearing within 30 days after a notice of appeal has been filed as stated above. The appellant or his representative shall have the right to appear and be heard. Any member of the Building Code Board of Appeals shall have the authority to administer oaths to any person who is to give testimony at any hearing before the Board. A stenographic record of the hearing shall be made by the Building Code Board of Appeals; however, a transcript of the proceeding shall only be made upon the payment for same, in advance, by the appealing party. A written decision shall be made by the Building Code Board of Appeals within 20 municipal business days after the conclusion of said hearing. The decision of the Building Code Board of Appeals on such appeals shall be in writing and contain findings of fact and conclusions of law. Said decision shall be served on the appellant and the Code Enforcement Officer. Service of said decision can be made by personally handing a copy to the individuals or by regular mail, postage prepaid.

Appeals from the Board can be taken within 30 days of the date of the decision of the Board to the Court of Common Pleas of Westmoreland County. Said appeal to the Court of Common Pleas will be limited to the Court reviewing the record made at the hearing given by the Building Code Board of Appeals, and the scope of review shall be limited to whether or not the Building Code Board of Appeals abused its discretion in rendering its decision.

The Building Code Board of Appeals can only be reversed by the Court of Common Pleas of Westmoreland County if it is determined by said court that the Appeals Board had in fact abused its discretion. Appeals beyond the Court of Common Pleas of Westmoreland County shall be governed by the applicable rules and laws pertaining to the same.

§ 172-5 Effect on other provisions.

All building code ordinances or portions of ordinances which were adopted by the City 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.

All building code ordinances or portions of ordinances which 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.

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

§ 172-6 Fees.

Fees assessable by the City for the administration and enforcement undertaken pursuant to this chapter and the code shall be established by the governing body by resolution from time to time.

State fee:

[Added 6-15-2005 by Ord. No. 6-2005]

(1)

In addition to fees currently charged for the issuance of a construction or building permit issued under the authority of Act 13 of 2004,[1] the City's Building Code Official shall collect an additional $2 for every construction permit issued in accordance with the Uniform Construction Code;

[1]

Editor's Note: Act 13 of 2004 requires any municipality administering the Pennsylvania Uniform Construction Code to collect an additional fee of $2 for every construction permit issued, to be remitted to the state Department of Economic Development to be used for education and training purposes associated with the UCC.

(2)

The City's Building Code Official shall remit the additional $2 collected for every construction permit issued to the Department of Community and Economic Development within 30 days after the end of the respective quarterly reporting period.

§ 172-7 Remedies.