[Ord. No. 384,
passed 6-24-2004]
The International Mechanical Code is hereby repealed save and
except for the following provisions:
(a) Section 109, Means of Appeal is amended to read:
109.1 Application for appeal: An owner or other
person with a legal or equitable interest in the affected property
may appeal to the Board of Appeals from an adverse decision of the
code official. An application for appeal shall be based on a claim
that the true intent of this code has been incorrectly interpreted,
the provisions of this code do not fully apply or an alternative method
or material can be used, consistent with the health, safety and welfare
of the public. The appeal shall cite the provision(s) of the code
for which the relief is requested and the reasons supporting the request
for relief. The code official shall file a written response to the
application for appeal with a copy to the appellant at least seven
days prior to the hearing.
109.2 Membership of Board of Appeals: The members
of the Township Planning Commission shall constitute the Board of
Appeals.
109.3 Hearings: Hearings on the appeals shall occur
at the next regularly scheduled Township Planning Commission meeting
occurring at least 22 days from the date the application for appeal
is filed or at such other time as the Board of Appeals establishes.
The hearing procedures shall be established by the Board of Appeals.
Recording and transcribing of testimony shall not be required.
109.4 Decisions of the Board of Appeals: The Board
of Appeals shall make decisions upon the majority vote of a quorum
of its members present and qualified to vote. The Board of Appeals
may make its decisions based upon the written application for appeal
with or without hearing.
109.5 Administration: The code official shall comply
with the decisions of the Board of Appeals.