Home Rule Borough of Edinboro

Ordinance 575

An Ordinance to enter into an agreement with the Erie County Association of Township Officials (ECATO); for the establishment of a Uniform Construction Code (UCC) Appeals Board.             

Whereas, the Home Rule Borough of Edinboro chose to opt in for local administration and enforcement of the Pennsylvania Uniform Construction Code Act 45 of 1999,

35 PS § 7210.101 thru 1103, and

Whereas, the UCC mandates an applicants right to seek a variance or extension of time or appeal the building code official decision by filing a petition to the board of appeals

(§ 7210.403.122 a), and

Whereas, the UCC contains strict guidelines and criteria for the establishment of an appeals board and the membership qualifications (§ 7210.403.121 a thru g), and

Whereas, due to the small population and lack of individuals meeting such qualifications and residing within the borough limits; the Home Rule Borough of Edinboro cannot establish a board of appeals, and

Whereas, the UCC allows the establishment of a joint appeals board to serve several municipalities comprised of interested and qualified individuals (§ 7210.403.121 d), and

Therefore, the Home Rule Borough of Edinboro ordains and enacts the following:

1]   The Home Rule Borough of Edinboro hereby enters into an intergovernmental agreement (see attached) with the Erie County Association of Township Officials for the sole purpose of  providing a means of appeal to provisions of the Pennsylvania Uniform Construction Code, 35 PS § 7210.101 thru 1103 

2]   The Home Rule Borough of Edinboro hereby adopts operating procedures and policies set forth by ECATO intergovernmental agreements, resolutions and by laws in regards to UCC appeals

3]   Administrative and enforcement activities in connection with the UCC shall

      remain under the authority of the Borough of Edinboro

4]   Appeals to the Home Rule Borough of Edinboro administrative and enforcement action pursuant to the PA. Uniform Construction Code shall be forwarded to the ECATO UCC Appeals Board in a timely manner for appropriate hearing and action

5]   Filing fees for such appeal shall be set by the established ECATO fee schedule

       resolution.    The fee schedule is subject to amendment as determined by ECATO

6]   The ECATO UCC Board shall have sole jurisdiction in matters of appeal to Borough

      of Edinboro administration and enforcement of the UCC.    Appeals to all other

      Borough codes ordinances shall remain under the authority of their respective appeals

      boards

7]   By entering into this intergovernmental agreement with ECATO UCC Board, the

      Home Rule Borough of Edinboro hereby dissolves any locally established or implied UCC Appeals Board

8]   This Ordinance shall accompany the amended Edinboro Uniform Construction Code

      Ordinance 576.

ENACTED AND ORDAINED THIS __8th__ DAY OF __February__, 2010 by the Council of the Home Rule Borough of Edinboro.

©Copyright February 2010