[Adopted 5-24-2004 by Ord. No. 653]
The Uniform Construction Code contained in 34
Pa. Code, Chapters 401-405, as amended from time to time, including
certain appendixes to the Uniform Construction Code and regulations
to Act 45 of 1999 promulgated by the Pennsylvania Department of Labor
and Industry is hereby adopted and incorporated herein by reference
as the Building Code of the Township of Middletown.
The Township of Middletown hereby elects to
administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103,
as amended from time to time, and its regulations.
In addition to the Uniform Construction Code,
the following appendixes contained within the Uniform Construction
Code are hereby adopted and incorporated herein by reference and included
as part of the Building Code of the Township of Middletown:
Administration and enforcement of the Code within
the Township of Middletown shall be undertaken in any of the following
ways as determined by the Township Council of the Township of Middletown
from time to time by resolution:
A.
By the designation of an employee of the Township
of Middletown to serve as the municipal code official to act on behalf
of the Township of Middletown;
B.
By the retention of one or more construction code
officials or third-party agencies to act on behalf of the Township
of Middletown;
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
Township of Middletown;
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.
[Amended 5-24-2012 by Ord. No. 729]
A.
Establishment. The Middletown Township Council does hereby establish
a Board of Appeals (the "Board") as required by the Pennsylvania Construction
Code Act, Act 45 of 1999, as amended, [35.P.S. § 7210.501(c)],
the Pennsylvania Uniform Construction Code, (34 Pa.Code §§ 403.121
and 403.122) and the Building Code of the Township of Middletown [Ordinance
Nos. 653 and 656 of 2004], subject to and in accordance with the provisions
of this section.
B.
Membership.
(1)
Composition of Board.
[Amended 10-22-2012 by Ord. No. 732]
(a)
The
Board shall consist of five members and two alternate members who
shall be appointed and qualified to render decisions on matters pertaining
to building construction as set forth in the Pennsylvania Construction
Code, Act 45 of 1999, as amended.
(b)
The
alternate members of the Board shall be called by the Chairperson
or acting Chairperson of the Board to hear appeals in the event of
the absence or disqualification of a member of the Board.
(2)
The Middletown Township Council shall designate and appoint, by resolution,
the membership of the Board.
(3)
Members of the Board shall serve at the pleasure of the Middletown
Township Council.
(4)
No member of the Middletown Township Council or the Middletown Township
Code administration may serve on the Board.
(5)
Members of the Board shall reside in the Township of Middletown unless
the Middletown Township Council cannot find persons to serve on the
Board who meet the minimum requirements of the Pennsylvania Construction
Code Act, Act 45 of 1999, as amended.
(6)
No member of the Board may vote on a matter before the Board on which
that member has a personal, professional or financial interest.
(7)
The members of the Board shall meet on the second Monday of January
of each year at 7:00 p.m. in the Middletown Township Administration
Building and appoint a Board chairperson, vice chairperson and secretary,
who shall serve until their respective replacements are duly appointed.
The Board shall schedule all other meetings from time to time as may
be necessary to hear applications to the Board filed with Middletown
Township.
(8)
The Middletown Township Council may appoint separate legal counsel
to serve the Board. The Middletown Township Council shall determine
the compensation to be paid. Legal counsel serving the Township or
any other commission or board of the Township shall not be appointed
to serve the Board.
(9)
The Board shall cause the date, time and location of all meetings
to be published in a newspaper of general circulation within Middletown
Township in accordance with applicable law.
(10)
The Board may make, alter and rescind rules and forms for its procedure,
consistent with this section, ordinances of Middletown Township and
the laws of the Commonwealth of Pennsylvania. The Board shall keep
full public records of its business, which shall be the property of
the Township. The Board shall submit reports of its activities to
the Middletown Township Council as requested by the Middletown Township
Council.
C.
Jurisdiction. The Board shall hear and rule on appeals, requests
for variances and requests for extensions of time, from or under the
Building Code of the Township of Middletown, which do not relate to
accessibility or the validity of the Building Code of the Township
of Middletown or provisions thereof.
D.
Appeals, variances and extensions of time.
(1)
An appellant may seek a variance or extension of time or appeal a
building code official's decision by filing an application with
Middletown Township on a form provided by Middletown Township and
paying the required application fee established by the Middletown
Township Council from time to time, by resolution, within 30 days
of the date of the issuance of the enforcement notice or decision
under the Building Code of the Township of Middletown from Middletown
Township.
(2)
All applications will be promptly reviewed by Middletown Township
for completeness. Incomplete application forms or forms which are
not accompanied by the correct application fee shall be returned to
the applicant with written reasons therefor, for completion and resubmission
by the applicant.
(3)
The postmark date of a properly completed application or the date
of personal service of such application upon Middletown Township will
establish the filing date of the application and request for variance
or extension of time for purposes of computation of time.
(4)
An appeal or request for variance or extension of time to the Board
will automatically suspend an action to enforce an order to correct
until the matter is resolved, except that an action relating to unsafe
building, structure or equipment may not be stayed or suspended by
the filing of an appeal.
(5)
The Board shall only consider the following factors when deciding
an appeal:
(6)
The Board may consider the following factors when ruling upon a request
for extension of time or the request for variance:
(a)
The reasonableness of the application of the Building Code of
the Township of Middletown in a particular case.
(b)
The extent to which the granting of a variance or an extension
of time will pose a violation of the Building Code of the Township
of Middletown or an unsafe condition.
(c)
The availability of professional or technical personnel needed
to bring the matter into compliance with the Building Code of the
Township of Middletown.
(d)
The availability of materials and equipment needed to bring
the matter into compliance with the Building Code of the Township
of Middletown.
(e)
The efforts being made to bring the matter into compliance with
the Building Code of the Township of Middletown as quickly as possible.
(f)
Compensatory features that will provide an equivalent degree
of protection to the Building Code of the Township of Middletown.
(7)
An applicant shall file an appeal, request for variance and request
for extension of time relating to accessibility with the Accessibility
Advisory Board under § 403.142 of the Uniform Construction
Code.
(8)
A person aggrieved by the application or enforcement of any provision
of the Building Code of the Township of Middletown shall challenge
the validity of the Building Code of the Township of Middletown in
the Court of Common Pleas of Delaware County. In order to be aggrieved,
a person must have a direct, immediate and substantial interest in
the application or enforcement of the Building Code of the Township
of Middletown.
E.
Hearings and decisions.
(1)
The Board shall hold a hearing within 60 days from the date of a
properly completed application unless the applicant agreed in writing
to an extension of time, or the applicant did not request a hearing
at the time of the filing of the properly completed application. In
the case of an appeal or request for variance or extension of time
involving the construction of a one- or two-family residential building,
the hearing must be held within 30 days from the date of the application,
unless the applicant has agreed to an extension or did not request
a hearing at the time of the filing of the properly completed application.
(2)
If the applicant has requested a hearing, the Board of Appeals shall
notify the applicant, building code official and any other person
who has requested notice in writing, of the date, time and place of
the hearing.
(3)
If the hearing is scheduled for a meeting other than a regularly
scheduled meeting of the Board for which notice has already been advertised,
notice of the hearing shall also be published once in a newspaper
of general circulation within Middletown Township at least seven days,
but in no event less than 24 hours, prior to the date and time of
the scheduled hearing. Such notice shall at a minimum state the date,
time and location of the meeting and a brief summary of the purpose
of the hearing.
(4)
All hearings before the Board shall be open to the public. The applicant,
the code official and any person whose interests are affected shall
be given an opportunity to be heard.
(5)
The Board shall decide an appeal, variance request or request for
extension of time by reviewing documents and written brief of the
applicant and with argument if the applicant has requested a hearing
at the time the application is filed.
(6)
The Board shall keep a stenographic record of all hearings. The appearance
fee for the stenographer shall be the responsibility of the applicant.
Copies of transcripts shall be the responsibility of the person requesting
the transcript.
(7)
The Chairperson or acting Chairperson of the Board shall have the
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by the parties, and shall
make all rulings on the admissibility of evidence.
(8)
The applicant and any other party may be represented at a hearing
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
(9)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(10)
The applicant shall bear the burden of proof on all matters in connection
with the application.
(12)
The Board shall mail the written decision to the applicant within
10 business days following the conclusion of the last hearing on the
application. In the case of an application to the Board involving
the construction of a one- or two-family residential building, the
Board shall mail the written decision within five business days of
the last hearing on the application. A copy of the decision shall
also be sent to the building code official and to any other person
who shall have filed a written request with the Board requesting the
decision. When an application is denied or contested, the Board shall
issue findings of fact.
(13)
Any party aggrieved by the Board's decision shall have the right
to appeal to the Court of Common Pleas of Delaware County within 30
days of the entry of the Board's decision.
Existing ordinances and regulations:
A.
All building code ordinances or portions of ordinances
which were adopted by the Township of Middletown 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.
Fees assessable by the Township of Middletown
for the administration and enforcement undertaken pursuant to this
article and the Code shall be established by the governing body by
resolution from time to time.
