[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 4-13-2004 by Ord. No. 1251, approved 4-13-2004. Amendments
noted where applicable.]
The Borough of Prospect Park 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 in
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 of the Borough of Prospect Park.
Administration and enforcement of the Code within
the Borough of Prospect Park shall be undertaken in any of the following
ways as determined by the governing body of this municipality from
time to time by resolution:
A.
By designation of an employee of the Borough of Prospect
Park to serve as the municipal code official to act on behalf of the
municipality;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the municipality;
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 this
municipality:
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 governing body of the Borough of Prospect Park 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. 1323, adopted 2-12-2013, approved
2-12-2013, authorized the Borough to enter into an intermunicipal
agreement with the County of Delaware through 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
which were adopted by the Borough of Prospect Park 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 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 municipality not governed by the code shall remain in full
force and effect.
Fees assessable by the municipality 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.