[Ord. 1058, 6/1/2004, § 1]
The Pennsylvania Construction Code, 35 P.S. § 7210.101
et seq., as amended from time to time, and regulations promulgated
thereunder by the Pennsylvania Department of Labor and Industry (the
statute and regulations being collectively referenced in this chapter
as the "code") are hereby adopted and incorporated herein by reference
as the building code of the Borough of Mechanicsburg. The Borough
hereby elects to administer and enforce the provisions of the code,
as amended from time to time.
[Ord. 1058, 6/1/2004, § 2]
The following shall apply to the interpretation and enforcement
of this Part:
A.
All building code ordinances or chapters, and portions of ordinances
or chapters, 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 chapters, and portions or ordinances
or chapters, which are in effect as of the effective date of this
Part 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 chapters, ordinances, regulations and policies of the
Borough not governed by the code shall remain in full force and effect.
[Ord. 1058, 6/1/2004, § 3]
The provisions of this Part shall take effect upon enactment;
provided, that they shall not apply to new buildings or renovations
to existing buildings for which an application for a permit was made
to the Borough before April 9, 2004, or for which a contract for design
or construction was signed before April 9, 2004.
[Ord. 1058, 6/1/2004, § 4]
Administration and enforcement of the code shall be undertaken
in any of the following ways as determined by resolution of the Borough
Council from time to time:
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 the code 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;
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.
[Ord. 1058, 6/1/2004, § 5]
In order to determine the suitability of alternate materials,
methods of construction, appeals, variances, requests for extensions
of time or to provide a reasonable interpretation of this chapter,
any person affected by a decision of the code official or a notice
or order issued under this chapter shall have the right to appeal
to a Board of Appeals to be duly constituted and empowered from time
to time by the Borough Council by any of the following means:
A.
By ordinance duly enacted by the Borough Council to constitute a Board of Appeals within the Borough to exercise the authority provided for such boards under the Code, which ordinance shall amend Chapter 1, Administration and Government, of the Code of Ordinances of the Borough of Mechanicsburg.
B.
By intergovernmental cooperation agreement and ordinance duly entered
and enacted pursuant to the Pennsylvania Intergovernmental Cooperation
Law, 53 P.S. § 2301 et seq., to jointly constitute and empower
a Board of Appeals to exercise the authority provided for such boards
under the code.
C.
By ordinance duly enacted by the Borough Council to constitute a
Board of Appeals by any other means authorized by the code, as the
same is amended from time to time.
[Ord. 1058, 6/1/2004, § 6]
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this Part shall be paid in accordance with
the Fee Resolution of the Borough of Mechanicsburg, as adopted by
Borough Council, and as may from time to time be amended.
[Ord. 1058, 6/1/2004, § 7]
This Part shall be known and may be cited as the "Mechanicsburg
Borough Building Code."
The invalidity of any provision of this Part or of the code,
shall not invalidate other provisions thereof.
