[HISTORY: Adopted by the Board of Commissioners
of the Township of Radnor 1-3-2023 by Ord. No. 2022-28.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 15,
Code Appeals Board, adopted 10-22-1990 by Ord. No. 90-47.
A Code Appeals Board is hereby established in conformity with
the requirements of the Pennsylvania Construction Code Act, Act 45
of 1999, 35 P.S. §§ 7210.101 through 7210.1103; Section
501(c) and 34 Pa. Code 403.121. This Code Appeals Board shall consist
of five qualified persons appointed by the Board of Commissioners.
The members of the Code Appeals Board shall, in the discretion of
the Board of Commissioners, be qualified by training and experience
to pass on matters pertaining to building construction. Training and
experience may consist of licensure as an architect or engineer, experience
in the construction industry, or training or experience as an inspector
or plan reviewer. No member of the Board of Commissioners nor any
code inspector employed by the Township may serve on the Code Appeals
Board. Ideally, the Code Appeals Board shall consist of two architects
or structural engineers licensed within the Commonwealth of Pennsylvania;
a general contractor, a master plumber, and a master electrician.
If the Board of Commissioners is unable to find a sufficient number
of qualified individuals who reside within the Township, it may appoint
a qualified person who resides outside of the Township to fill a position.
The Code Appeals Board shall consist of five members appointed
by the Board of Commissioners. Initially, one member shall be appointed
to serve a five-year term; one member shall serve a four-year term;
one member shall serve a three-year term; one member shall serve a
two-year term; and one member shall serve a one-year term. After the
initial appointments, each new member of or reappointment to the Code
Appeals Board shall serve for five years or until a successor has
been appointed by the Board of Commissioners.
The Code Appeals Board shall have responsibility for hearing all appeals and requests for relief, such as variances and extensions of time, concerning Chapter 125, Building Construction; Chapter 132, Buildings, Existing; Chapter 144A, Construction Codes, Uniform; Chapter 156, Electrical Standards; Chapter 158, Energy Conservation; Chapter 166, Fire Prevention; Chapter 172, Fuel Gas; Chapter 195, Mechanical Standards; Chapter 218, Plumbing; Chapter 222, Property Maintenance; and Chapter 258, Swimming Pools and Spas; as well as any other code or ordinances so designated by the Board of Commissioners. A member of the Code Appeals Board shall not hear an appeal in which that member has any personal, professional, or financial interest.
The Code Appeals Board shall elect a Chairperson and Vice Chair;
create, alter, and rescind rules for procedure; and hold meetings
as frequently as the law and proper and efficient discharge of its
business shall require. A majority of the Board shall constitute a
quorum necessary for the transaction of any and all business. All
meetings and hearings shall be scheduled, noticed, held, and conducted
in accordance with the Pennsylvania Sunshine Act.[1] No hearing shall be held until the fees for such hearing established by the Board of Commissioners have been paid in accordance with Chapter 162 of the Code of the Township of Radnor, as amended. Any procedure established for notice and conduct of hearings shall be consistent with Pennsylvania law and regulations of the Pennsylvania Department of Labor and Industry.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
A.Â
An owner or owner's agent may seek a variance; an extension
of time; or appeal a Building Code Official's decision by filing
an application with the Code Appeals Board on the proper Township
form. Such an application shall be filed by submitting it to the Department.
The Board shall decide any application submitted to it by reviewing
documents and a written brief or argument submitted with the application,
unless the owner or owner's agent requests a hearing. If the
owner or owner's agent requests a hearing, the Board shall schedule
a hearing and notify the owner or owner's agent and Building
Code Official of the date, time, and place of the hearing.
B.Â
An application involving an appeal of the Building Code Official's
decision shall be based on a claim that the true intent of the Pennsylvania
Construction Code Act[1] or Uniform Construction Code has been incorrectly interpreted,
the provisions of this Act or Code do not fully apply, or an equivalent
form of construction is to be used.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
A.Â
The Code Appeals Board shall hold a hearing within 60 days from the
date an application has been received by the Department, unless the
applicant agreed, in writing, to an extension of time. The Board shall
convene a hearing within 30 days of receipt of an application involving
the construction of a one- or two-family residential building, unless
the applicant agreed, in writing, to an extension of time.
B.Â
The Code Appeals Board shall provide a written notice of its decision
to the owner and to the Building Code Official. Where the application
involves the construction of a one- or two-family residential building,
the Board shall render this written decision within five business
days of the latest hearing.
The Board of Commissioners may appoint up to two alternate members
who shall be called by the Code Appeals Board Chairperson to hear
appeals in the event of the absence or disqualification of a member.
Alternate members shall possess the qualifications required for Board
membership, and shall be appointed for five years or until a successor
has been appointed.
The Board of Commissioners is hereby authorized to enter into
an intergovernmental cooperation agreement with one or more municipalities
to create a Joint Code Appeals Board.
