[Res. 2011-12, 10/17/2011]
Incorporating the aforesaid recitals as an integral part hereof, the Borough establishes, agrees and consents to the establishment
of a Uniform Construction Code Board of Appeals and the following
shall be applicable in relation thereto.
[Res. 2011-12, 10/17/2011]
The Uniform Construction Code Board of Appeals shall hear and
rule on appeals, requests for variances and requests for extensions
of time and otherwise as authorized by the Act (i.e., the Pennsylvania
Construction Code Act, Act 45 of 1999 (35 P.S. § 7210.101
et seq., as amended), and the regulations promulgated in relation
thereto. A Board of Appeals shall only consider those factors permitted
by law or by regulation, all as amended from time to time, in deciding
an appeal.
[Res. 2011-12, 10/17/2011]
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 shall hold office at the pleasure
of the Borough by which he or she has been appointed.
3. A Councilman or Councilwoman of the Borough of Burnham, an employee
of the Borough, and its approved Code Department and its Code Administrator
and employees of the Code Administrator may not serve on the Board
of Appeals.
4. The Borough may fill the position of its appointee to the Board of
Appeals with a qualified person who resides outside of the Borough
when the Borough Council cannot find a person within the Borough who
satisfies the requirements of the above provisions of the Act and
the regulations promulgated thereunder, as amended from time to time.
5. It is agreed that the Uniform Construction Code Board of Appeals
(hereinafter the "Board of Appeals") of the Borough of Burnham shall
consist of three members for the purpose of hearing and reviewing
appeals, requests for variances and requests for extension of time.
6. 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 which the member has a personal, professional or financial
interest.
7. A quorum of the Board of Appeals for purposes of a hearing shall
be a majority of the Board of Appeals members then in office.
8. A majority of the quorum of the Board of Appeals who are physically
present and who hear the testimony in any particular case shall be
necessary to transact business and take action.
9. The Board of Appeals shall schedule meetings and hearings and shall
provide public notice of meetings and hearings in accordance with
65 Pa.C.S. § 701 et seq., as amended (the "Sunshine Act").
10. Notice of a hearing shall be required to be published once in a newspaper
of general circulation in the municipality where the property which
is the subject of the appeal is located, a copy of said notice shall
be posted at the property which is the subject of the appeal and also
at the location where the hearing of the Board of Appeals is to be
held to consider the appeal. Notice shall be given or posted at least
three full days prior to the day of the hearing.
11. The Board of Appeals may not act upon appeals, requests for a variance
or requests for an extension of time relating to "accessibility" under
the Act.
[Res. 2011-12, 10/17/2011]
The fee for an appeal to the Board of Appeals shall be established
by resolution and shall not exceed the actual costs of the public
notice of the hearing, the appearance fee of the Court Reporter and
administrative fees, as necessary. The Fee Schedule may be reviewed from time to time to
determine reasonable rates for appeals, for hearing costs and otherwise
revised accordingly.
[Res. 2011-12, 10/17/2011]
1. Any 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 Codes Office on an acceptable form provided by
the Codes Office.
2. The postmark date or the date of personal service will establish
the filing date of the appeal and the request for variance or extension
of time.
3. An appeal or request for variance or extension of time to the Board
of Appeals will automatically suspend an action to enforce an order
to correct until the matter is resolved. Nonetheless, anything to
the contrary aforesaid, an action under Regulation § 403.84
(relating to unsafe building, structure or equipment) of the Uniform
Construction Code (34 Pa. Code § 403.84) may not be stayed.
4. The Board of Appeals shall decide an appeal, variance request or
request for extension of time by reviewing documents and a written
brief or argument unless the owner or owner's agent requests
a hearing.
A. This provision shall not be applicable to an appeal or request for
a variance or extension of time involving the construction of a one-family
or two-family residential building, in relation to which a hearing
is required per the Act, 35 P.S. § 7210.501(c)(5), as amended,
and § 325.5 of this Part 3C.
B. Anything in this Part 3C to the contrary notwithstanding, any appeal,
variance request or request for extension of time made by reviewing
documents and written brief or argument shall be made by the affirmative
vote of a majority of the members of the Board of Appeals then in
office who are present at a public meeting of the Board of Appeals
at which a quorum of the Board of Appeals is present. The proceedings
shall be recorded in the minutes of the public meeting, which shall
reflect the aforesaid vote. Notice of such public meeting shall be
given one time in a newspaper of general circulation within the municipality
in which the property in question is located, by notice posted at
the property in question of the date and time of the public meeting
and at the building in which the public meeting is being held. Written
notice of the public meeting shall be given to the owner, the applicant
and the Building Code Official.
5. Pursuant to the Act, 35 P.S. § 7210.501(c)(5), as amended,
in the case of an appeal or request for a 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 such time, the appeal shall be
deemed granted.
6. Otherwise, the Board of Appeals shall hold a hearing within 60 days
from the date of the applicant's request unless the applicant
agrees in writing to an extension of time. A written decision shall
be rendered within 45 days of the last hearing.
7. The Board of Appeals shall only consider the following factors when
deciding an appeal under § 501(c)(2) [35 P.S. § 7210.501(c)(2)]
of the Act:
A. The true intent of the Act or Uniform Construction Code (i.e., the
Regulations legally adopted under the Act) was incorrectly interpreted.
B. The provisions of the Act do not apply.
C. An equivalent form of construction is to be used.
8. The Board of Appeals may consider the following factors when ruling
upon a request for extension of time or the request for 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 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 for an equivalent degree
of protection to the Uniform Construction Code.
9. 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. The Board of Appeals may:
A. Deny the request in whole or in part.
B. Grant the request in whole or in part.
C. Grant the request upon certain conditions being satisfied.
10. The Board of Appeals shall provide a written notice of its decision
to the owner, the applicant and to the Building Code Official.
11. An owner shall file an appeal, request for variances and request
for extensions of time relating to accessibility with the Accessibility
Advisory Board under Regulation 34 Pa. Code § 403.142 of
the Uniform Construction Code (relating to Accessibility Advisory
Board).
12. It is the intent of this Subpart C that proceedings at all times
should be in accord with the law and the regulations as adopted by
the Commonwealth of Pennsylvania, as amended, from time to time.