[Adopted 7-19-2004 by Ord. No. 2004-774]
A.
Tinicum Township has adopted an ordinance for the
administration and enforcement of the Uniform Construction Code or
is a party to an agreement for the joint administration and enforcement
of the Uniform Construction Code and shall establish and appoint three
members to serve on a Board of Appeals, under Section 501(c) of the
Act [35 P.S. § 7210.501(c)].
B.
The Board of Appeals shall hear and rule on appeals,
requests for variances and requests for extensions of time. An application
for appeal 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.
The composition of a Board of Appeals is governed
by all of the following:
(1)
A member of the Board of Appeals shall 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,
and training or experience as an inspector or plan reviewer.
(2)
A member of the Board of Appeals holds office at the
pleasure of the municipality's governing body.
(3)
Members of a municipality's governing body and its
code administrators may not serve on a Board of Appeals.
(4)
Tinicum Township may fill a position on the Board
of Appeals with a qualified person who resides outside of the municipality
when it cannot find a person within the municipality who satisfies
the requirements of this section.
D.
Two or more municipalities may establish a joint Board
of Appeals through an intermunicipal agreement under 53 Pa.C.S.A.
§§ 2301 to 2315 (relating to intergovernmental cooperation).
E.
A Board of Appeals member may not cast a vote or participate
in a hearing in any appeal, request for variance or request for extension
of time in which the member has a personal, professional or financial
interest.
F.
A Board of Appeals shall schedule meetings and provide
public notice of meetings in accordance with 65 Pa.C.S.A. §§ 701
to 716 (relating to the Sunshine Act).
G.
A Board of Appeals may not act upon appeals, requests
for variance of requests for extension of time relating to accessibility
under the Act.
A.
An owner or owner's agent may seek a variance or extension
of time or appeal a building code official's decision by filing a
petition with the building code official or other person designated
by the Board of Appeals on a form provided by the municipality.
B.
The postmark date or the date of personal service
will establish the filing date of the appeal and request for variance
or extension of time.
C.
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 § 403.84[1] (relating to unsafe building, structure or equipment)
may not be stayed.
[1]
Editor's Note: See 34 Pa. Code § 403.84.
D.
A Board of Appeals shall decide an appeal, variance
request or request for extension of time by reviewing documents and
written brief or argument unless the owner or owner's agent requests
a hearing.
E.
A Board of Appeals shall hold a hearing within 60
days from the date of an applicant's request unless the applicant
agreed in writing to an extension of time.
F.
A Board of Appeals shall only consider the following
factors when deciding an appeal under Section 501(c)(2) of the Act:
G.
A Board of Appeals may consider the following factors
when ruling upon a request for extension of time or the request for
variance:
(1)
The reasonableness of the Uniform Construction Code's
application in a particular case.
(2)
The extent to which the granting of a variance or
extension of time will pose a violation of the Uniform Construction
Code or an unsafe condition.
(3)
The availability of professional or technical personnel
needed to come into compliance.
(4)
The availability of materials and equipment needed
to come into compliance.
(5)
The efforts being made to come into compliance as
quickly as possible.
(6)
Compensatory features that will provide an equivalent
degree of protection to the Uniform Construction Code.
H.
If the owner or owner's agent requests a hearing,
the Board of Appeals 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.
J.
The Board of Appeals shall provide a written notice
of its decision to the owner and to the building code official.
