[Adopted 6-15-2004 by Ord. No. 2004-3]
Malvern Borough hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 — 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the Building Code of Malvern Borough.
Administration and enforcement of the Code within the Borough shall be undertaken in any of the following ways as determined by the Borough Council of Malvern Borough, from time to time, by resolution:
A. 
By the designation of an employee or employee(s) of the Borough to serve as the Borough Code Official and alternate township code official(s) to act on behalf of the Borough;
B. 
By the retention of one or more Construction Code Officials or third-party agencies to act on behalf of the Borough;
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 Malvern Borough;
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement, with respect to 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 Borough Council of the Borough 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 municipality(ies), said Board of Appeals shall be established by joint action of the participating municipalities.[1]
[1]
Editor's Note: Ord. No. 2004-5, adopted 8-17-2004, authorized the President of Malvern Borough Council to enter into an intergovernmental agreement to form a joint Board of Appeals with East Whiteland Township and Easttown Township.
A. 
All Building Code Ordinances or portions of ordinances which were adopted by the Borough 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 this Borough not governed by the Code shall remain in full force and effect.
A. 
Fees assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the Code shall be established by Borough Council by resolution from time to time.
B. 
Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
[Added 9-17-2013 by Ord. No. 2013-6[1]]
[1]
Editor's Note: See also § 1-9B.
This article shall be effective five days after the date of passage of this article.
If any section, subsection, sentence, or clause of this article is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this article.