[Ord. 257, 6/28/2004, § 1]
This municipality hereby elects to administrator 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.
[Ord. 257, 6/28/2004, § 2]
The Uniform Construction Code, contained within Title 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.
[Ord. 257, 6/28/2004, § 3]
Administration and enforcement of the Code within this municipality
shall be undertaken, as determined by the governing body having jurisdiction,
in accordance with the regulations of the Pennsylvania Construction
Code Act.
[Ord. 257, 6/28/2004, § 4]
A Building Code Board of Appeals (hereinafter "Appeals Board"),
is hereby established by separate resolution in conformity with the
requirements of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 — 7210.1103;
§ 501.(c) and Title 34 Pa. Code, § 403.121. The
Appeals Board shall hear and rule on appeals, requests for variances
and requests for extensions of time.
[Ord. 257, 6/28/2004, § 5]
1.
All ordinances and/or resolutions or parts thereof which have previously
been adopted by this municipality on or before July 1, 1999, and which
are equal to or exceed the requirements of the Code shall remain in
full force and effect until such time as the provisions of these ordinances
fail to equal or exceed the minimum requirements of the Code, as amended
from time to time.
2.
All ordinances and/or resolutions or parts thereof which have previously
been adopted by this municipality that 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.
3.
All other ordinances, resolutions, regulations and policies of this
municipality not governed by the Code shall remain if full force and
effect.
[Ord. 257, 6/28/2004, § 6]
This Code may be changed and/or modified, by the governing body
of this municipality, in accordance with the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 — 7210.1103,
§ 503.
[Ord. 257, 6/28/2004, § 7]
A fee schedule for the administration and enforcement undertaken
pursuant to this Part and the Code shall be established by the governing
body of this municipality by resolution from time to time.
[Ord. 257, 6/28/2004, § 8]
1.
In accordance with § 403.102, Subdivision (1), of Title
34, Part XIV, Chapter 403, the following are amended:
[Ord. 257, 6/28/2004, § 9]
The Building Code Official, Construction Code Official, member
of the Building Code Board of Appeals, employee and/or appointed individual,
agent or firm charged with the enforcement of the Code, while acting
for the jurisdiction in good faith and without malice in the discharge
of the duties required by the Code or other pertinent law or ordinance,
shall not thereby be rendered liable personally and is hereby relieved
from personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer, agent
or employee because of an act performed by that officer, agent or
employee in the lawful discharge of duties under the provisions of
the Code shall be defended by legal representative of the jurisdiction
until the final termination of the proceedings. The Building Code
Official, Construction Code Official, member of the Building Code
Board of Appeals, employee and/or appointed individual, agent or firm
charged with the enforcement of the Code shall not be liable for the
cost in any action, suit or proceeding that is instituted in pursuance
of the provisions of the Code.
[Added by Ord. No. 327, 11/25/2019]
1.
Definitions.
When used in this section, the words "demolish" or "demolition" shall
mean to remove part, or all, of a building or structure or to alter
a structure by rendering it unfit for use to such an extent that repair
is not feasible or is so costly to be economically prohibited.
2.
Requirement
for Demolition Permit. No building or other structure may be demolished
without first securing a demolition permit from the Borough. It shall
be unlawful for any person to commence the demolition of any building,
structure or portion thereof until a permit has been duly issued therefor.
3.
Application
for Demolition Permit. An application for a demolition permit shall
be made to the Borough Zoning Officer in writing on a form furnished
by the Borough, and any demolition permit fee adopted by resolution
of the Borough Council, which fee may be amended from time to time
by resolution of the Borough Council, shall be paid before accepting
the application.
4.
Passive
demolition, partial destruction to promote demolition, or demolition
by neglect of historic resources will not be used as an excuse by
an applicant as justification for an active demolition application.
Demolition by neglect shall be considered the readily observable deterioration
of a structure due to lack of routine maintenance, which has detrimental
effect upon the character, stability or structural integrity of the
resource, thereby constraining or negating the structure's ability
for rehabilitation or reuse.
5.
Issuance
of Demolition Permit.
A.
The Borough
Zoning Officer may hold any application for a permit to demolish a
building for a period not to exceed 30 days from the date the application
is accepted. During the thirty-day period, the applicant shall permit
the Borough and/or its duly authorized representative to enter upon
and inspect the structure to be demolished to assess its historical
significance. If the application is for a property which is found
to be on the national, state or local historic register or is found
to be potentially eligible for registration on the national, state
or local register of historic places, or is contained on the list
of properties attached hereto, same being those identified by the
Heritage Conservancy survey compiled as an update of the Borough's
Comprehensive Plan Update in 2005, the application shall be held for
an additional 60 days to permit time to investigate how the property
may be preserved.
B.
If historically
significant features are discovered, e.g., stairways, decorative trim
paneling, beams, etc., during the period the application is held,
the applicant shall cooperate in permitting these features to be removed
for preservation before the building is demolished; provided, however,
that any removal shall be done at no expense to the property owner.
C.
Should
the Borough Zoning Officer deny the application for a demolition permit,
the denial may be appealed to the Borough Council. Said appeal shall
be made within 30 days of the Zoning Officer's denial.
D.
If the
applicant can show that immediate demolition is required due to health
and safety consideration, the Zoning Officer shall be authorized to
waive the review period.
