[HISTORY: Adopted by the Board of Supervisors of Upper Merion
Township as indicated in article histories. Amendments noted where
applicable.]
[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]
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.
