[HISTORY: Adopted by the Borough Council of the Borough of
Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-2004 by Ord.
No. 2004-570]
Borough Council hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §§ 7210.101 through 7210.1103, as amended from time
to time, and its regulations.
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 Municipal Building Code of
the Borough of Bath.
Administration and enforcement of the Code within the Borough
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 a Borough employee to serve as the municipal
code official to act on behalf of the Borough;
B.
By the appointment and retention of one or more construction code
officials or third-party agencies to act as code enforcement officers
on behalf of the Borough;
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 the Borough of Bath;
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.
The Board of Appeals previously established by resolution of
Borough Council in conjunction with the Borough's adoption of the
BOCA Basic Building Code shall continue as the Board of Appeals called
for in the Code, and for the purposes set forth therein.
A.
All building code ordinances or portions of ordinances which were
adopted by this Borough on or before July 1, 1999, and which equal
the requirements of the Code shall continue in full force and effect.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this article 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.
D.
Nothing stated herein shall, however, be deemed to adversely impact
prosecutions and enforcement actions under prior building related
codes for violations which occurred prior to the effective date of
this article.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this article and the code shall be established
by Borough Council by resolution from time to time.
