Township of Upper Merion, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 41.
Construction codes — See Ch. 69.
Property maintenance — See Ch. 127.
Subdivision of land — See Ch. 145.
Zoning — See Ch. 165.
[Adopted 11-15-2012 by Ord. No. 2012-811]
A. 
The Board of Supervisors of Upper Merion Township hereby establishes a Property Maintenance Appeals Board pursuant to the 2009 International Property Maintenance Code, to be known as the "Upper Merion Township Property Maintenance Appeals Board," to hear and rule on appeals from decisions of the Upper Merion Township Safety and Codes Enforcement Department and the Upper Merion Township Police Department as to decisions pursuant to the Township Property Maintenance Code.[1]
[1]
Editor's Note: See Ch. 127, Property Maintenance.
B. 
Any person directly affected by a Township Property Maintenance Code decision by the Upper Merion Township Safety and Codes Enforcement Department and/or the Upper Merion Township Police Department or a notice or order issued under the Township Property Maintenance Code shall have the right to appeal to the Upper Merion Township Property Maintenance Appeals Board, provided that a written application or appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of the Township Property Maintenance Code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of the Township Property Maintenance Code do not fully apply, or the requirements of the Township Property Maintenance Code are adequately satisfied by other means.
To cover the costs of administration, the minimum appeal fee shall be $500. Any additional costs will be paid by the applicant.
The Upper Merion Township Property Maintenance Appeals Board shall consist of a minimum of three members, appointed by the Upper Merion Township Board of Supervisors, who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The Code Official shall be an ex officio member but shall have no vote on any matter before the Upper Merion Township Property Maintenance Appeals Board.
The members of the Upper Merion Township Property Maintenance Appeals Board shall serve staggered and overlapping terms.
The Upper Merion Township Board of Supervisors shall appoint two or more alternate members, who shall be called by the Upper Merion Township Property Maintenance Appeals Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.
The Upper Merion Township Board of Supervisors hereby adopts regulations for the Upper Merion Township Property Maintenance Appeals Board and those appearing before it, in the form attached hereto entitled: "Guidelines For The Upper Merion Township Property Maintenance Appeals Board."[1] These regulations may be modified by resolution of the Upper Merion Township Board of Supervisors.
[1]
Editor's Note: The Guidelines are on file in the Township offices.
[Adopted 1-24-2013 by Ord. No. 2013-814]
The Board of Supervisors of Upper Merion Township hereby establishes an Appeals Board pursuant to the Act,[1] to be known as the "Upper Merion Township Appeals Board," to hear and rule on appeals from decisions of the Code Administrator, requests for variances and requests for extensions of time pursuant to the attached guidelines. An application for appeal shall be based on a claim that the 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. The Appeals Board shall have the widest possible jurisdiction authorized by the Pennsylvania Construction Code and the Uniform Construction Code, as amended.
[1]
Editor's Note: The "Act" refers to the Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq.
Appeals, requests for variances or requests for extensions of time relating to accessibility under the Act shall not be heard by the Upper Merion Township Appeals Board but shall be filed with and considered by the Pennsylvania Department of Labor and Industry.
To cover the costs of administration, the minimum appeal fee shall be $500. Any additional costs will be paid by the applicant.
The Appeals Board shall consist of five members appointed by the Upper Merion Township Board of Supervisors as follows: one for five years, one for four years, one for three years, one for two years and one for one year. Thereafter, each new member shall serve for five years or until a successor has been appointed.
The Appeals Board shall consist of five individuals, one from each of the following professions or disciplines:
A. 
Registered design professional who is a registered architect, or a builder or superintendent of building construction, with at least 10 years' experience, five of which shall have been in responsible charge work.
B. 
Registered design professional with structural engineering or architectural experience.
C. 
Registered design professional with mechanical or plumbing engineering experience or a mechanical or plumbing contractor with at least 10 years' experience, five of which shall have been in responsible charge of work.
D. 
Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years' experience, five of which shall have been in responsible charge of work.
E. 
Registered design professional with fire protection engineering experience; or a fire protection contractor with at least 10 years' experience, five of which shall have been in responsible charge of work.
The Board of Supervisors of Upper Merion Township shall appoint two alternate members, who shall be called by the Appeals 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.
The Upper Merion Township Board of Supervisors hereby adopts regulations for the Appeals Board and those appearing before it, in the form attached hereto entitled: "Guidelines For The Upper Merion Township Appeals Board."[1] These regulations may be modified by resolution of the Upper Merion Township Board of Supervisors.
[1]
Editor's Note: The Guidelines are on file in the Township offices.