[Ord. 2004-3, 5/18/2004]
1.
Mifflinburg Borough 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.
2.
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 Mifflinburg
Borough.
3.
Administration and enforcement of the Code within Mifflinburg Borough
shall be undertaken in any of the following ways as determined by
the Mifflinburg Borough Council from time to time by resolution:
A.
By the designation of an employee of Mifflinburg 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 ordinance through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Part on behalf of Mifflinburg Borough.
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.
4.
A Board of Appeals shall be established by resolution of the Mifflinburg
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.
5.
Prior Ordinances.
A.
All building code ordinances or portions of ordinances that were
adopted by Mifflinburg 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 that are in
effect as of the effective date of this ordinance 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 Mifflinburg
Borough not governed by the Code shall remain in full force and effect.
6.
Fees assessable by Mifflinburg Borough for the administration and
enforcement undertaken pursuant to this Part and the Code shall be
established by the Mifflinburg Borough Council by resolution from
time to time.
7.
This Part shall be effective five days after the passage of this
ordinance.
8.
If any section, subsection, sentence or clause of this Part is held,
for any reason, to be invalid, such decision or decisions shall not
affect the validity of the remaining portions of this Part.
