[1]
Editor's Note: This article also provided that it shall
be effective 7-1-2004.
The Township of Shaler hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended
from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 through 405, as amended from time to time, is hereby adopted and
incorporated herein by reference as the municipal building code of
Shaler Township.
Administration and enforcement of the code within the Township
of Shaler shall be undertaken in any of the following ways, as determined
by the Board of Commissioners of Shaler Township from time to time
by resolution:
A.
By the designation of an employee of Shaler Township to serve as
the municipal code official to act on behalf of Shaler Township.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Shaler Township.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the Uniform Construction Code through
an intermunicipal agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of the Uniform Construction Code on behalf of Shaler
Township.
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 7-10-2012 by Ord. No. 1910]
A.
Establishment of Municipal Appeals Board. A Shaler Township Uniform Construction Code Municipal Appeals Board (hereinafter "Municipal Appeals Board" or "Board of Appeals"), for the administration and enforcement of the Pennsylvania Uniform Construction Code, is hereby established as provided in Chapter 1 of the 1999 BOCA National Building Code, 14th Edition, to hear appeals from decisions of the Township UCC Code Administrator.
B.
Composition of Municipal Appeals Board.
(1)
Membership of the Board. The Municipal Appeals Board shall consist
of five members appointed by the Board of Commissioners, as follows:
(a)
One for five years, one for four years, one for three years,
one for two years, and one for one year.
(b)
Thereafter, each new member shall serve for five years or until
a successor has been appointed.
(c)
A member of the Board of Appeals may not be an employee of the
Township. Members of the Township's governing body and its code
administrators may not serve on the Board of Appeals.
(2)
Alternate members. The Board of Commissioners shall appoint two or
more alternate members who shall be called by the Board Chairman to
hear appeals during the absence or disqualification of a member. Alternate
members shall possess the qualifications required for Board membership
and shall be appointed for five years, or until a successor has been
appointed.
C.
Qualifications and filling of positions on the Municipal Appeals
Board.
(1)
Qualifications. A member of the Board of Appeals shall be qualified
by training or 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)
Filling positions on Municipal Appeals Board. The Township may fill
a position on the Municipal Appeals Board with a qualified person
who resides outside of the Township when it cannot find a person within
the Township who satisfies the requirements of this section.
(3)
Members serve at pleasure of Board of Commissioners. A member appointed
to the Municipal Appeals Board holds office at the pleasure of the
Township Board of Commissioners appointing such member.
D.
Organization, compensation and conflicts of interest.
(1)
Organization. The Board shall annually organize by the election of
one of its number as the chairperson and one as a vice chairperson,
who shall hold office until their successors are elected and qualified.
The Township Manager shall designate a qualified clerk to serve as
secretary to the Board. The secretary shall file a detailed record
of all proceedings in the office of the Township Manager.
(2)
Compensation of Board members for hearings attended. Compensation
of members shall be set by the Board of Commissioners as determined
by law.
(3)
Disqualification of member and conflicts of interest. A Municipal
Appeals Board member may not participate in a hearing on any appeal
in which the member has a personal, professional or financial interest.
If a question arises concerning whether or not a Municipal Appeals
Board member has a personal, professional or financial interest, the
Board member may consult with the Appeals Board Solicitor, and the
Solicitor shall render a legal opinion concerning whether or not the
member has a personal, professional or financial conflict of interest.
E.
Means of appeal; application for appeal. Any person directly affected
by a decision of the Code Administrator shall have the right to appeal
the decision of the Code Administrator to the Shaler Township Municipal
Appeals Board, provided that the written application for appeal is
filed within 20 days after the day of the decision, order or notice
was served. An application for appeal shall be based on a claim that
the true intent of the Act or the UCC has been incorrectly interpreted,
the provisions of the Act or the UCC do not fully apply or an equivalent
form of construction is to be used. An application for appeal shall
be filed with the UCC Code Administrator and the Township Manager.
F.
Appeals, variances and extensions of time.
(1)
Application. An owner or owner's agent may seek a variance or
extension of time or appeal a Code Administrator's decision by
filing an application with the Code Administrator and the Township
Manager.
(2)
Filing date. The postmark date or the date of personal service shall
establish the filing date of the appeal and request for variance or
extension of time.
(3)
Automatic suspension of order to correct. An appeal to the Municipal
Appeals Board will automatically suspend an action to enforce an order
to correct until the matter is resolved.
(4)
No stay of unsafe building, structure or equipment. An action under
34 Pa. Code § 403.84 (relating to unsafe building, structure
or equipment) may not be stayed.
(5)
Appeals without a request for a hearing. The Municipal Appeals Board
shall decide an appeal by reviewing documents and a written brief
or argument, unless the owner or owner's agent requests a hearing.
(6)
Appeals with a request for a hearing. If the owner or owner's
agent requests a hearing, the Municipal Appeals Board shall schedule
a hearing and notify the owner or owner's agent and the Building
Code Administrator of the date, time and place of the hearing.
(7)
Notice of meeting. The Board shall meet upon notice from the Chairperson,
within 10 days of the filing of an appeal or at stated periodic meetings.
(8)
Fees. The fee for an appeal to the Board of Appeals for administering
and enforcing this section shall not exceed actual costs of the public
notice of the hearing, appearance fee for the court reporter and administrative
fees as necessary.
G.
Hearings and meetings.
(1)
Notice. The Municipal Appeals Board shall schedule meetings and hearings
as well as provide notice of the meetings and hearings in accordance
with the Pennsylvania Sunshine Act, 65 P.S. §§ 701
through 716.
(2)
Hearings on appeals within 45 days. The Municipal Appeals Board shall
convene a hearing within 45 days from the date of an applicant's
request unless the applicant agrees, in writing, to an extension of
time. The Board of Appeals shall render a written decision to the
parties within 45 days of the last hearing. If the Board of Appeals
fails to act within this time period, the appeal shall be deemed granted.
(3)
Hearings on appeals involving one-family and two-family residential
buildings. In the case of an appeal or request for variance or extension
of time involving the construction of a one-family or two-family residential
building, the Board of Appeals shall convene a hearing within 30 days
of the appeal. The Board of Appeals shall render a written decision
to the parties within five business days of the last hearing. If the
Board of Appeals fails to act within this time period, the appeal
shall be deemed granted.
(4)
Open hearing. All hearings before the Board shall be open to the
public. The appellant, the appellant's representative, the Code
Administrator and any person whose interests are affected shall be
given an opportunity to be heard.
(5)
Procedure. The Municipal Appeals Board is authorized to establish
policies and procedures necessary to carry out its duties and under
which a hearing will be conducted. The policies and procedures, which
shall be made available to the public, shall not require compliance
with strict rules of evidence, but shall mandate that only relevant
information be received.
(6)
Stenographic record. A stenographic record shall be made of the hearing.
The appearance fee for a stenographer shall be paid by the person
appealing and requesting the hearing.
(7)
Written materials, plans and maps. The appellant shall submit to
the Municipal Appeals Board all written materials, drawings, plot
plans and maps not less than 14 days prior to the scheduled date of
the municipal appeal hearing in such format as requested by the Board.
(8)
Quorum to convene a meeting or hearing. A quorum of the Municipal
Appeals Board shall consist of any combination of three members. Five
voting members shall be the maximum number of members permitted to
hear any appeal hearing.
(9)
Postponed hearings. When five members of the Board are not present
to hear an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
(10)
Board decision. The Board shall modify or reverse the decision
of the Code Administrator by a concurring vote of 2/3 of its members
present at the hearing. The Municipal Appeals Board may:
(11)
Factors to be considered in deciding an appeal. The Municipal
Appeals Board shall only consider the following factors when deciding
an appeal under Section 501(c)(2) of the Act:
(12)
Factors to be considered when ruling upon a request for extension
of time or request for variance. The Municipal Appeals Board may consider
the following factors when ruling upon a request for extension of
time or a request for a variance:
(a)
The reasonableness of the Uniform Construction Code's application
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 Uniform Construction Code or
an unsafe condition.
(c)
The availability of professional or technical personnel needed
to come into compliance.
(d)
The availability of materials and equipment needed to come into
compliance.
(e)
The efforts being made to come into compliance as quickly as
possible.
(f)
Compensatory features that will provide an equivalent degree
of protection to the Uniform Construction Code.
(13)
Interpretation of the Uniform Construction Code. In interpreting
a provision of a code adopted by regulation of the Department as part
of the Uniform Construction Code, a construction code official, a
board of appeal and a court shall consider and may rely upon relevant
written interpretations of the ICC (International Code Council) or
any organization whose referenced standard is relevant and listed
in the Uniform Construction Code or the regulations promulgated under
this Act or any municipal code construction ordinance.
(14)
Records and copies. The decision of the Board shall be recorded
and copies shall be furnished to the appellant and to the Code Administrator.
(15)
Administration. The Code Administrator shall take immediate
action in accordance with the decision of the Board.
H.
Accessibility. The Board of Appeals may not act upon appeals, requests
for variances or requests for extension of time relating to accessibility
under the Act. An owner or applicant shall file an appeal for variances
and request for extension of time relating to accessibility with the
Accessibility Advisory Board under 34 Pa. Code § 403.142
(relating to Accessibility Advisory Board).
A.
All building code ordinances or portions of ordinances which were
adopted by Shaler Township 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.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this article and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the code.
C.
All relevant ordinances, regulations and policies of Shaler Township
not governed by the code shall remain in full force and effect.
Fees assessable by Shaler Township for the administration and
enforcement undertaken pursuant to this article and the code shall
be established by the Board of Commissioners by resolution from time
to time.
