The Building Codes, Property Codes and Zoning Code Department and its Department officers are hereby appointed, and it shall be the duty of the Building Codes, Property Codes and Zoning Code Department and its Department officers to carry out the functions and purposes of this chapter, to perform the duties assigned by this chapter and to administer and enforce this chapter by making such inspections, tests, requirements, notices, orders and decisions as are necessary or appropriate to ensure that the provisions of this chapter are met and compliance is achieved. However, except where certain matters under this chapter have been expressly left to the discretion or judgment of the Department or a Department officer, the Department and its Department officers shall administer this chapter in accordance with its literal terms and shall have no power to permit any act, conduct, use, occupancy, change, condition or work which would not conform to the provisions of this chapter.

In the administration and enforcement of this chapter, the Department and its Department officers shall have the powers and follow the procedures in §§ 110-5, 110-7, 110-8A, 110-9 and 110-13 of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes. In construing those sections so as to implement and give effect to this subsection, the term "Borough Zoning Ordinance" is substituted in §§  110-5A(1) and 110-7C(1)c) for the term "this article"; the term "Borough Zoning Ordinance" is substituted in § 110-8A for the words "Building Code, Plumbing Code and Electrical Code or Uniform Construction Code regulations"; the words "use, occupancy, change, condition or work" are substituted in § 110-8A for the word "work"; and the phrase "or an order to cease and desist from continuing the use, occupancy, change, condition or work" is added to § 110-8A(3).

The appointment of the Building Codes, Property Codes and Zoning Code Department and its Department officers under Subsection A of this section shall be deemed to be the same as, and shall have the same force and effect as, the appointment of a Zoning Officer under Section 614 of the Pennsylvania Municipalities Planning Code[1](Act 247 of 1968, as amended).

Any person who believes that the Building Codes, Property Codes and Zoning Code Department or a Department officer has made a requirement, notice, order or decision which incorrectly interprets, administers, applies or enforces a provision of this chapter may appeal that requirement, notice, order or decision to the Zoning Hearing Board within the time set forth in Subsection B of this section. The procedures for filing an appeal, the amount of the filing fee, and the functions, duties and powers of the Zoning Hearing Board are set forth in Chapter 70, Zoning Hearing Board, of the Code of the Borough.

All forms, statements, documents, sketches, plans and other materials comprising the case papers of a petitioner who is appealing a requirement, notice, order or decision to the Zoning Hearing Board under Subsection A shall be submitted to the Administrative Secretary to the Zoning Hearing Board by not later than the 30th day after the date on which the requirement, notice, order or decision which is the subject of the appeal was issued by the Department or a Department officer.

A request for a variance or a special exception may be filed with the Zoning Hearing Board at any time but shall be filed in such form as may be prescribed by the Zoning Hearing Board. The procedures for filing a special exception case or a variance case, the amount of the filing fee, and the functions, duties and powers of the Zoning Hearing Board are set forth in Chapter 70, Zoning Hearing Board, of the Code of the Borough.

Challenges to the validity of the Zoning Ordinance or the Zoning Map, or unified appeals, shall be filed with the Zoning Hearing Board within the times and with the statements and materials required by the Pennsylvania Municipalities Planning Code and shall be accompanied by the fee prescribed by the Borough Costs and Fees Schedule adopted by the Borough Council.[1]