ORDINANCE NO. _________

AN ORDINANCE OF THE BOROUGH OF GETTYSBURG

ELECTING TO ADMINISTER AND ENFORCE THE PENNSYLVANIA CONSTRUCTION CODE ACT AND THE REGULATIONS PROMULGATED BY THE PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY AND REPEALING IN PART ORDINANCE NO. 1332-07.

WHEREAS, by Ordinance No. 1292-04, enacted on June 14, 2004, the Borough Council of the Borough of Gettysburg adopted the Uniform Construction Code and incorporated the Uniform Construction Code by reference as the municipal building code of the Borough of Gettysburg; and

WHEREAS, by Ordinance No. 1292-04, enacted on June 14, 2004, the Borough Council of the Borough of Gettysburg elected 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 the regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter the Act and the regulations are collectively referred to as the "Code"); and

WHEREAS, by Ordinance No. 1332-07, enacted on February 12, 2007, the Borough Council of the Borough of Gettysburg elected to cease administration and enforcement of the Code consistent with 34 Pa. Code § 403.102(e); and

WHEREAS, the Borough Council of the Borough of Gettysburg has determined that the citizens of the Borough of Gettysburg would be more efficiently served through administration and enforcement of the Code by the Borough of Gettysburg; and

WHEREAS, the Pennsylvania Construction Code Act requires the enactment of an appropriate ordinance by municipalities electing to administer and enforce the Code; and

WHEREAS, pursuant to 35 P.S. § 7210.501(a)(2) of the Pennsylvania Construction Code Act, a municipality may adopt an ordinance electing to administer and enforce the Code if it provides 180 days' notice to the Department of Labor and Industry of its intention to adopt such ordinance; and

WHEREAS, by letter dated January 5, 2010, the Borough of Gettysburg, by its solicitor, notified the Pennsylvania Department of Labor and Industry of its intention to adopt an ordinance for the purpose of assuming administration and enforcement of the Code.

NOW, THEREFORE, the Borough Council of the Borough of Gettysburg hereby enacts, adopts, and ordains the following:

SECTION 1: The Borough of Gettysburg hereby elects to administer and enforce the Uniform Construction Code and 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 the regulations promulgated by the Pennsylvania Department of Labor and Industry pursuant to the Act.

SECTION 2: On July 12, 2010 or on such earlier date if authorized to do so by the Pennsylvania Department of Labor and Industry, the Borough of Gettysburg shall assume responsibility in the Borough of Gettysburg, Adams County, Pennsylvania for all administration and enforcement of the provisions of the Code.

SECTION 3: Administration and enforcement of the Code within the Borough of Gettysburg shall be undertaken in any of the following ways as determined by the Borough Council of the Borough of Gettysburg from time to time by resolution:

a. By the designation of an employee of the Borough of Gettysburg to serve as the Borough code official to act on behalf of the Borough of Gettysburg;

b. By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough of Gettysburg;

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 Gettysburg;

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.

SECTION 4: The Borough of Gettysburg is a party to a joint Board of Appeals with other municipalities in Adams County, Pennsylvania pursuant to an Intermunicipal Agreement Creating a Shared Adams County UCC Board of Appeals authorized by the Borough Council of the Borough of Gettysburg in Ordinance No. 1307-05, enacted on July 11, 2005.

SECTION 5: All relevant ordinances, regulations and policies of the Borough of Gettysburg not governed by the Code shall remain in full force and effect.

SECTION 6: Fees assessable by the Borough of Gettysburg for the administration and enforcement undertaken pursuant to this ordinance and the Code shall be established by resolution adopted from time to time by the Borough Council of the Borough of Gettysburg.

SECTION 7: The election of the Borough of Gettysburg to cease all administration and enforcement responsibilities of the Code pursuant to Ordinance 1332-07, enacted on February 12, 2007, is hereby repealed.

SECTION 8: This ordinance shall supersede the provisions of all previously adopted and enacted resolutions or ordinances of the Borough of Gettysburg to the extent that the same are inconsistent with this ordinance.

SECTION 9: If any section, subsection, sentence, or clause of this ordinance is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance.

SECTION 10: This ordinance shall be effective upon enactment with the Borough of Gettysburg assuming and commencing all administration and enforcement duties of the Code on July 12, 2010 or on such earlier date if authorized to do so by the Pennsylvania Department of Labor and Industry.

ENACTED, ADOPTED AND ORDAINED this 12th day of April, 2010.

BOROUGH OF GETTYSBURG

By: _____________________________

John D. Butterfield

President of Borough Council

ATTEST:

By: _______________________

Sara L. Stull, Secretary

APPROVED this 12th day of April, 2010.

By: __________________________

William E. Troxell, Mayor