[HISTORY: Adopted by the Borough Council of the Borough of Kane as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-2004 by Ord. No. A-966]
The Borough of Kane 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 Kane.
Administration and enforcement of the code within the Borough of Kane
shall be undertaken in any of the following ways as determined by the Council
of the Borough of Kane from time to time by resolution:
A.
By the designation of an employee of the Borough of Kane
to serve as the municipal code official to act on behalf of the Borough of
Kane.
B.
By the retention of one or more construction code officials
or third-party agencies to act on behalf of the Borough of Kane.
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 the Borough
of Kane.
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 Kane 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.[1]
A.
All building code ordinances or portions of ordinances
which were adopted by the Borough of Kane 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 article 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
the Borough of Kane not governed by the code shall remain in full force and
effect.
Fees assessable by the Borough of Kane for the administration and enforcement
undertaken pursuant to this article and the code shall be established by the
Council by resolution from time to time.
[Adopted 7-11-2005 by Ord. No. A-973]
This agreement, executed on the dates set forth next to the signature
line for each municipality,[1] by and among the following duly organized and existing municipalities
under the laws of the Commonwealth of Pennsylvania, all having principal places
of business as set forth next to their signatures: Annin Township, Ceres Township,
Corydon Township, Eldred Township, Hamilton Township, Hamlin Township, Keating
Township, Lafayette Township, Otto Township, Sergeant Township, Wetmore Township,
Kane Borough and Mt. Jewett Borough (hereinafter "municipalities").
[1]
Editor's Note: A signed version of said agreement is on file
in the Borough offices.
The municipalities with the intention to be legally bound hereby agree
as follows:
A.
Whereas, the Commonwealth of Pennsylvania has adopted
the Pennsylvania Construction Code Act, Act 45 of 1999, creating the Uniform
Construction Code, as amended from time to time (hereafter referred to as
"Act"), and pursuant to the Act, the Pennsylvania Department of Labor and
Industry has promulgated regulations contained in 34 Pa. Code Chapters 401
to 405, as amended from time to time;
B.
Whereas, the respective municipalities hereto have elected,
by a properly enacted ordinance, to administer and enforce the provisions
of the Pennsylvania Uniform Construction Code, 35 P.S. § 7210.1103,[1] as amended from time to time, together with its regulations;
[1]
Editor's Note: See 35 P.S. §§ 7210.101 through
7210.1103.
C.
Whereas, the respective municipalities desire to enter
into an intermunicipal agreement whereby said municipalities jointly organize,
administer and use a common Board of Appeals to hear appeals from decisions
of the Building Code Official;
D.
Whereas, the Pennsylvania Intergovernmental Cooperation
Law of 1972, now repealed and established as 53 Pa.C.S.A. § 2301
et seq. by P.L. 1158, No. 177, § 1, enacted December 19, 1996, authorizes
intergovernmental cooperation between two or more local governments and/or
similar entities in the exercise or performance of respective governmental
functions, powers or responsibilities;
E.
Whereas, joint municipal agreements for the purpose of
establishing a Board of Appeals are authorized under the Pennsylvania Uniform
Construction Code and the regulations enacted thereto;
F.
Whereas, the municipalities hereto desire to and do hereby
establish a joint Board of Appeals under Section 501(c) of the Pennsylvania
Uniform Construction Code according to the terms and conditions set forth
herein:
(1)
The municipalities shall designate one individual residing
within their boundaries to be considered for membership on the Board of Appeals.
Members of the municipalities' governing body and their code administrators
may not serve on the Board of Appeals.
(2)
The precise appointment of the Board of Appeals shall
be left up to the McKean County Association of Township Officials who shall
maintain a list of those individuals designated by each municipality.
(3)
The McKean County Association of Township Officials may
fill a position on the Board of Appeals with a qualified person who resides
in any municipality of McKean County.
(4)
All appointees to the Board of Appeals shall serve without
compensation at the pleasure of the municipalities. Appointees shall be qualified
by training and experience to pass on matters pertaining to building construction.
Training and experience may consist of licensure as an architect or engineer,
experience in the construction industry and/or training or experience as an
inspector or plan reviewer.
(5)
Positions on the Board of Appeals shall consist of one
member appointed for a term of five years, one member appointed for a term
of four years, one member appointed for a term of three years, one member
appointed for a term of two years and one member appointed for a term of one
year. Thereafter, each new member shall serve for five years until a successor
has been appointed. Two alternate members shall be appointed for a term of
five years and shall be called upon in the event a quorum cannot be achieved
due to absence or disqualification of a member or members.
(6)
A Board of Appeals member or alternate member may not
cast a vote or participate in any appeal, request for hearing, variance or
extension of time in which the member has a personal, professional or financial
interest.
(7)
The Secretary of the Board of Appeals shall schedule
meetings and provide for public notice of meetings in accordance with 65 Pa.C.S.A.
§§ 701 to 716, relating to the Sunshine Act. Such meetings
may convene at agreed locations, whether or not they are assembled within
the municipality from which the appeal occurred.
(8)
The Board of Appeals shall hear and rule on appeals of
building code officials' decisions, requests for variances and requests
for extensions of time. An application for appeal shall be based on claim
that the true intent of the Act or Uniform Construction Code has been incorrectly
interpreted, the provisions of the Act or Uniform Construction Code do not
fully apply or an equivalent form of construction is to be used.
(9)
A fee shall be charged for the appeals process. This
fee will be set forth by a resolution adopted by the Board of Appeals.
(10)
The Board of Appeals shall be governed by the following
regulations:
(a)
Any owners or owner's agent may seek a variance
or extension of time, or appeal a building code official's decision,
by filing a petition with the building code official or other person designated
by the Board of Appeals on an acceptable form.
(b)
The postmark date or the date of personal service will
establish the filing date of the appeal, request of variance or request for
extension of time.
(c)
An appeal, request for variance or request for extension
of time to the Board of Appeals will automatically suspend an action to enforce
an order to correct, until the matter is resolved.
(d)
The Board of Appeals shall decide an appeal, request
for variance or request for extension of time by reviewing documents and written
briefs or arguments unless the owner or owner's agent requests for hearing.
(e)
The Board of Appeals shall hold a hearing within 60 days
from the date of the applicant's request unless the applicant agrees
in writing to an extension of time.
(g)
The Board of Appeals may consider the following factors
when ruling upon a request for variance or request for extension of time:
[1]
The reasonableness of the Uniform Construction Code's
application in a particular case.
[2]
The extent to which the granting of a variance or extension
of time will post a violation of the Uniform Construction Code or an unsafe
condition.
[3]
The availability of professional or technical personnel
needed to come into compliance.
[4]
The availability of materials and equipment needed to
come into compliance.
[5]
The efforts being made to come into compliance as quickly
as possible.
[6]
Compensatory features that will provide for an equivalent
degree of protection to the Uniform Construction Code.
(h)
If the owner or owner's agent requests a hearing,
the Board of Appeals shall schedule a hearing and notify the owner or owner's
agent and building code official of the date, time and place of the hearing.
The Board of Appeals may:
(i)
The Board of Appeals shall provide a written notice of
its decision to the owner and the building code official.
(j)
An owner shall file appeals, requests for variances and
request for extension of time relating to accessibility with the Accessibility
Advisory Board.
(11)
Each municipality hereto specifically releases and agrees
to hold harmless all other municipalities hereto for any action or decision
of the Board of Appeals as it relates to their particular municipality. The
municipalities' specific intention is that no liability shall attach
to any municipality by virtue of the establishment of this Board of Appeals
simply by virtue of this joint agreement.
(12)
The municipalities hereto agree that other McKean County
members may become parties to this intermunicipal agreement by written request
and upon majority approval resolved by the participating municipalities'
respective governing bodies.
(13)
The municipalities acknowledge that this agreement is
intended solely to establish a joint Board of Appeals under the Uniform Construction
Code and imposes no further obligation including a financial obligation upon
any of the signatories hereto.
(14)
If no appeal, request for hearing, request for variance
or request for extension of time has been filed with the Board of Appeals,
a municipality may withdraw from participation in this agreement by adopting
an ordinance and notifying the Board of Appeals in writing. If an appeal,
request for hearing, request for variance or request for extension of time
has been filed with the Board of Appeals pursuant to the requirements of this
agreement, the municipality may withdraw from participation in this agreement
by adopting an ordinance and notifying the Board of Appeals in writing not
less than 90 days prior to the date of termination.
(15)
This agreement shall be binding and accustom to the benefit
of the municipalities hereto and their respective successors and assigns.
(16)
This agreement may be modified or amended from time to time by the municipalities. Such modifications may be authorized by resolution except for termination which shall be by ordinance, as set forth in Subsection F(14).
(17)
This agreement shall become effective and fully enforceable
five days after the signature of two of the municipalities hereto, binding
only those two municipalities; however, all subsequent signatories shall be
bound by this agreement five days after their adoption of the same.
