AN ORDINANCE OF THE BOROUGH OF DARLINGTON, BEAVER COUNTY, PENNSYLVANIA, ELECTING TO ENFORCE THE UNIFORM CONSTRUCTION CODE.
WHEREAS, the purpose of this ordinance is to promote the general health, safety and welfare of the citizens of Darlington Borough and to conform to the requirements of the Pennsylvania Construction Code Act and regulations of the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter sometimes collectively referred to as the “Code”): and
WHEREAS, the Pennsylvania Construction Code requires the enactment of an appropriate ordinance by the municipality electing to administer and enforce the building code provisions of the code.
NOW THEREFORE, it is hereby enacted and ordained by the Borough of Darlington as follows:
- The Borough of Darlington hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. Section 7210.101-7210.1103, as amended from time to time and its regulations.
- The Uniform Construction Code, contained in 34 Pa. Code, Chapter 401-405, as amended from time to time is hereby adopted and incorporated herein by reference as the municipal building code of Darlington Borough.
- Administration and enforcement of the code within Darlington Borough shall be undertaken in any of the following ways as determined by the Borough Council of Darlington from time to time by resolution.
- By the designation of an employee of Darlington Borough to serve as the Borough Code Official to act on behalf of Darlington Borough;
- By the retention by one or more construction code officials or third party agencies to act on behalf of Darlington Borough;
- By agreement with one or more other municipalities for the joint administration in the enforcement of this Act inter-municIpal agreement.
- B 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 Darlington Borough in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes of the Code, 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.
- All building code ordinance or portions of ordinances which are adopted by Darlington 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.
- All building code ordinances or portions of ordinances which are in effect as of the effective day 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.
- All relevant ordinances, regulations and policies of this municipality not governed by the Code shall remain in full force and effect.
- Fees assessable by Darlington Borough for the Administration and enforcement undertaken pursuant to this ordinance and the code shall be established by Borough Council by resolution from time to time.
- This ordinance shall be effective five (5) days after the date of passage of the same.
- If any section, subsection, sentence or clause of this ordinance is held, for any reason, to be invalid, such decision or decision shall not affect the validity of the remaining portions of the ordinance.
ENACTED AND ORDAINED into an Ordinance by the Borough Council of the Borough of Darlington on this 10th day of September, 2007.
Attest: Borough of Darlington by:
Sonja Ott, Sectretary Dal Watterson, Secretary
Reviewed and approved this
10th day of September, 2007
Ron Tetemanza, Mayor