[HISTORY: Adopted by the Borough Council
of the Borough of Aldan 6-9-2004 by Ord. No. 485. Amendments noted where
applicable.]
The Borough of Aldan hereby elects to administer
and enforce the provisions of the Pennsylvania Construction Code Act,
and the regulations interpreting same, Therefore, the Uniform Construction
Code, contained in 34 Pa. Code, Chapters 401 - 405, as amended from
time to time, is adopted and incorporated herein by reference as the
building code of and for the Borough of Aldan.
Administration and enforcement of the Code within
the Borough of Aldan shall be undertaken in any of the following ways,
as determined by Borough Council from time to time by resolution:
A.
By the designation of an employee of the Borough to
serve as the municipal code official 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 chapter and the
code through an intermunicipal agreement;
D.
By entering into a contract with another municipality
for the administration and enforcement of this chapter and the code
on behalf of the Borough; or
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 or miscellaneous use structures.
In accord with the provisions of § 97-2 above, the duly appointed and sworn Code Enforcement Officer(s), Building Inspector, and Zoning Officer of the Borough of Aldan are designated to serve as the Municipal Code Official to act on behalf of the Borough, until such time that these designations are changed by Borough Council either via resolution or ordinance or amendment of this chapter.
A Board of Appeals shall be established by resolution
of Borough Council 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]
[1]
Editor's Note: Ordinance No. 509, adopted 9-12-2012, authorized
the Borough to enter into an intergovernmental agreement with the
County of Delaware by which the Delaware County Uniform Construction
Code Appeals Board shall serve as the Borough’s Board of Appeals.
A complete copy of the ordinance is on file in the Borough offices.
A.
All building code ordinances or portions of ordinances,
where 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 or 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.
C.
All relevant ordinances, regulations and policies
of this Borough not governed by the code shall remain in full force
and effect.
Fees assessable by the Borough for the administration
and enforcement undertaken pursuant to this chapter and the code shall
remain in the same amount or percentage as exist as of the effective
date of this chapter, with the proviso that Borough Council may, by
resolution or ordinance from time to time, change or alter such fees.
All remedies available to the Borough within
all building code ordinances or portions of ordinances as of the effective
date of this chapter, shall remain in full force and effect with regards
to the application to the provisions of the Code.
All penalties available to the Borough (or the
commonwealth) within all building code ordinances or portions of ordinances
as of the effective date of this chapter shall remain in full force
and effect with regards to the application to the provisions of the
code.
