[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hanover 7-1-2002 by Ord. No. 2002-6;[1] amended in its entirety 2-5-2007 by Ord.
No. 2007-2. Subsequent amendments noted where applicable.]
The West Hanover Township Building Code Board of Appeals (hereafter
known as the "Board of Appeals") shall be designated under the West Shore
Council of Government's Building Code Board of Appeals Program and shall function
in accordance with and have powers and duties conferred upon it by this chapter
and the Pennsylvania Uniform Construction Code. The Building Code Board of
Appeals shall exist to hear and rule on all appeals of the Building Code Official's
determination on matters concerning all buildings, structures and the general
health, safety and welfare of the community.
A.
The Building Code Board of Appeals shall hear and rule on appeals,
requests for variances and requests for extensions of time under the PA Uniform
Construction Code, as adopted and amended from time to time by the West Hanover
Township Board of Supervisors.
B.
The Building Code Board of Appeals shall have exclusive jurisdiction
to hear and render final appeal adjudications in matters related to determination
of the Building Code Official in accordance with the procedures outlined in
the PA Uniform Construction Code, as amended from time to time. Application
for appeals heard by the Building Code Board of Appeals shall be based on
a claim that the true intent of the Act or Uniform Construction Code has been
incorrectly interpreted, the provisions of the Act or Uniform Construction
Code do not fully apply, or an equivalent form of construction is to be used.
C.
In accordance with the PA Uniform Construction Code, the Building
Code Board of Appeals shall not act upon appeals, requests for variance or
requests for extension of time relating to accessibility.
D.
The Building Code Board of Appeals may jointly serve other municipalities
only upon approval by resolution of the Board of Supervisors and upon mutual
execution of an intermunicipal agreement in accordance with 53 Pa.C.S.A. §§
2301 through 2315.
The Board of Appeals is authorized to establish its own rules and procedures
necessary to carry out its duties. However, the following procedures shall
apply to all appeals to the Building Code Board of Appeals:
A.
An owner or owner's agent may seek a variance or extension of
time or appeal of the Building Code Official's decision by filing a petition
with the Building Code Official or other person designated by the Building
Code Board of Appeals on a form(s) provided by the municipality or the West
Shore Council of Government Building Code Board of Appeals program procedures.
An appeal or request for variance or extension of time to a board of
appeals will automatically suspend an action to enforce an order to correct
until the matter is resolved. An action under UCC § 403.84 (relating
to unsafe building, structure or equipment) may not be stayed. The Building
Official shall take immediate action in accordance with the final decision
of the Building Code Board of Appeals.
The Secretary of West Hanover Township shall certify to the adoption
of this chapter and cause the same to be published as required by law; and
this chapter shall take full force and effect immediately upon final passage
and approval.