[Adopted 2-22-2000 by Ord. No. 1-2000]
The Township hereby adopts, for the purpose
of prescribing regulations governing conditions hazardous to life
and property from fire and explosion, the 1999 Fire Prevention Code,
known as the "BOCA National Fire Prevention Code," as published by
the Building Officials and Code Administrators International, Inc.,
save and accept such portions as are hereinafter deleted, modified
or amended, and the same are hereby adopted and incorporated as fully
as if set out at length herein. From the date on which this article
shall take effect, the provisions thereof shall be controlling within
the Township.
The BOCA National Fire Prevention Code hereby
adopted is amended as follows:
A.
Section
F-113.0, entitled "Means of Appeal," is hereby deleted in its entirety.
The following shall serve as the means of appeal:
(1)
Every
applicant, owner of the premises or other party in interest, as applicable,
shall have the right to demand, in writing, a hearing before the Board
of Supervisors of South Strabane Township, the purpose of which is
to contest any decision or order made by the Code Enforcement Officer.
Such demand for a hearing shall be so made by the contesting party
within 10 days of the denial of the permit or of said decision or
order of the Code Enforcement Officer and shall specifically identify
the portions of the decision or order being contested, the nature
of the party's interest in the premises, and the relief being sought.
(2)
The
Code Enforcement Officer shall fix a time and date for the hearing
to be held, but said hearing shall not be held more than 30 days after
receiving such demand for a hearing, and said Code Enforcement Officer
shall cause notice of the hearing to be served, personally or by regular
or certified mail, upon the contestant, the owner of the premises,
any other known party in interest, and the Township.
(3)
The
contestant, applicant, owner of the premises, or any other party in
interest shall have the right to appear, in person or through representation,
and give testimony at the hearing. Rules of evidence prevailing in
general courts of law shall not be controlling.
(4)
The
Board of Supervisors, in sitting as the adjudicating body, shall have,
in addition to any other powers granted, the following powers and
duties:
(a)
To
decide whether the relief sought in such appeal should be granted.
(b)
To
grant a variance from the strict application of this article. Such
variance may be granted only in cases which result in practical difficulty
or unnecessary hardship and where the public health and safety shall
not be jeopardized or prejudiced.
(5)
In making
its decision, the Board of Supervisors may affirm, modify, or reverse
the decision of the Code Enforcement Officer. Said decision shall
be by a majority of the Board then present and sitting at said hearing.
The Board, within a reasonable time after such hearing, shall render
its decision, in writing, with finding of facts and the reasons for
its decision, and shall serve a copy of the decision upon the contestant,
owner of the premises, and any known party in interest. The Board
shall retain a copy of each decision, which shall become a public
record subject to viewing as allowed by law. The Code Enforcement
Officer shall take immediate action in accordance with the decision
of the Board and carry out said order.
(6)
Any
person aggrieved by any final order or decision of the Board of Supervisors
may, within 30 days of said order or decision, appeal such order or
decision to the Court of Common Pleas of Washington County.
In all matters that are regulated by the law
of the Commonwealth of Pennsylvania, or by regulations of departments
or agencies of the commonwealth promulgated by authority of law, such
laws, regulations, or other ordinances of the Township, as the case
may be, shall control where the requirements thereof are the same
as, or in excess of, the provisions of this article. The code herein
adopted shall control in all other cases where the commonwealth's
requirements, or the requirements of other ordinances of the Township,
are not as strict as those contained in this article.
The provisions of this article, so far as they
are the same as those ordinances or codes in force immediately prior
to the enactment of this article, are intended as a continuation of
such ordinances and codes, and not as new enactments. The provisions
of this article shall not affect any act done or liability incurred,
nor shall they affect any suit or prosecution pending or to be instituted
to enforce any right or penalty or to punish any offense under the
authority of any of the repealed ordinances.
