[Ord. 2004-6, 8/11/2004, § 1]
A Construction Code Board of Appeals is hereby created to implement
the adoption heretofore by the Township of the provisions of the Pennsylvania
Uniform Construction Code, 35 P.S. § 7210.101 et seq., which
establishes uniform standards for construction and the administration
of the enforcement of such standards.
[Ord. 2004-6, 8/11/2004, § 2]
The powers and duties of the Construction Code Board of Appeals
shall be only as prescribed in Section 501 of the Uniform Construction
Code of the Commonwealth of Pennsylvania, 35 P.S. § 7210.501,
as may be amended from time to time.
[Ord. 2004-6, 8/11/2004, § 3]
An application for appeal shall be based only on a claim that
the true intent of the Pennsylvania Uniform Construction Code or regulations
under the said Code has been correctly interpreted; the provisions
of the said Code do not fully apply; or an equivalent form of construction
is to be used, subject, however, to any future amendment(s) of the
said Code in respect to appeals.
[Ord. 2004-6, 8/11/2004, § 4]
1. Appointment. The Chairman of the Board of Supervisors shall appoint
the members of the Construction Code Board of Appeals with the advice
and consent of the majority of all the members of the Board of Supervisors.
Appointments to fill vacancies shall be only for the unexpired portion
of any term. Vacancies shall be filled by the Board of Supervisors
within 60 days of notification from the Chairman of the Construction
Code Board of Appeals that a vacancy occurs.
2. Number of Members. The Construction Code Board of Appeals shall consist of five members, who shall meet the minimum qualifications of Chapter
1 of the BOCA National Building Code, as the same may be amended form time to time.
3. Residency of Members. Members of the Construction Board of Appeals shall be residents of he Township, unless a position on the Board cannot be filled with a person residing in the Township having the minimum qualification of Chapter
1 of the BOCA National Building Code, in which case a qualified person, who resides outside of the Township, may serve as a member.
4. Vacancies. The Board of Supervisors may declare a vacancy on the
Construction Code Board of Appeals upon the death, removal, permanent
disability or removal from the Township of any member of the said
Board. A qualified person shall be appointed to fill the unexpired
term of the vacated office.
5. Removal. Any member of the Construction Code Board of Appeals may
be removed prior to the expiration of an appointed term of the member
by the Board of Supervisors in accordance with the laws of the Commonwealth
of Pennsylvania applicable to the Pennsylvania Construction Code.
A member of the Construction Code Board of Appeals shall serve at
the will of the Board of Supervisors.
6. Term of Office. The term of office of a number of the Construction
Code Board of Appeals shall be for a period of three years. During
the first year of the effective date of this Part, one member shall
be appointed for a term expiring on December 31, 2004; two members
shall be appointed for a term each expiring on December 31, 2005;
and two members shall be appointed for a term each expiring on December
31, 2006. Thereafter, in each succeeding year, the Board of Supervisors
shall appoint members of the Construction Code Board of Appeals for
appropriate terms at the annual reorganization meeting of the Board
of Supervisors.
7. Compensation. No member of the Construction Code Board of Appeals
shall be compensated for duties performed in such office.
[Ord. 2004-6, 8/11/2004, § 5]
1. Chairman and Vice Chairman. A chairman and a vice chairman of the
Construction Code Board of Appeals shall be elected by the remaining
members in January of each year. Each such officer shall serve a one-year
term.
2. Secretary. The member of the Construction Code Board of Appeals may
elect one of their own members to act as Secretary. The Secretary,
if elected from the membership shall serve a one-year term.
[Ord. 2004-6, 8/11/2004, § 6]
1. All meetings and hearings of the Construction Code Board of Appeals
shall be open to the public, unless otherwise permitted by law.
2. Regular and special meetings of the Board shall be held as necessary
at the call of the Chairman. The first meeting of each year shall
constitute the annual organization meeting of the Board.
3. A quorum shall consist of at least a majority of all members of the
Board.
4. The Chairman or, in his absence, the Vice Chairman shall administer
oaths and may compel the attendance of witnesses when required by
law, in accordance with the provisions of the laws of the Commonwealth.
5. The Secretary or his designee shall keep minutes of the Board proceedings,
showing the vote of each member upon each question or, if absence
or failing to vote, indicating such fact.
[Ord. 2004-6, 8/11/2004, § 7]
The Construction Code of Appeals shall have no authority to
spend Township funds unless provided for in the budget, as specifically
approved by the Board of Supervisors.
[Ord. 2004-6, 8/11/2004, § 8]
Within the limit of funds appropriated by the Board of Supervisors,
the Construction Code Board of Appeals may employ or contract, form
time to time, for secretaries, legal counsel, other than the Township
Attorney, consultants, and other technical and clerical services.
[Ord. 2004-6, 8/11/2004, § 9]
The provisions of the Township Code of Ordinances, so far as
they are the same as those ordinances and regulations in force immediately
prior to the adoption of this Part, are intended as a continuation
of such ordinances and regulations and not as a new enactment. The
provisions of this Part shall not affect any suit or prosecution pending
or to be instituted to enforce any of the prior ordinances or regulations
except as otherwise provided by law.
[Ord. 2004-6, 8/11/2004, § 10]
It is hereby declared to be the intention of the Board of Supervisors
that the chapters, parts, sections, paragraphs, sentences, clauses
and phrases of this Part are severable. If any section, paragraph,
sentence, clause or phrase of this Part is declared unconstitutional,
illegal or otherwise invalid by the judgment or decree of a court
of competent jurisdiction, that invalidity shall not affect any of
the remaining chapters, parts, sections, paragraphs, sentences, clauses
or phrases of this codification.