[Amended 3-31-2011 by Ord. No. 2011-04; 8-9-2012 by Ord. No.
2012-02; 1-31-2013 by Ord. No. 2013-02]
Pursuant to the authority granted in Ord. No. 2009-06, Caln
Township entered into an intergovernmental cooperation agreement with
17 other municipalities to form an intergovernmental regional board
of appeals known as the Western Chester County Regional UCC Board
of Appeals (the "Board of Appeals"). The Board of Appeals was created
for the purposes of establishing a body for the joint administration
and enforcement of the Pennsylvania Construction Code Act, 35 P.S.
§ 7210.101-1103 (the "UCC"), and to establish a hearing
board of appeals to hear requests for variances, extensions of time
and appeals from Code administrator's decisions under the UCC.
[Amended 3-31-2011 by Ord. No. 2011-04; 8-9-2012 by Ord. No.
2012-02; 1-31-2013 by Ord. No. 2013-02]
A. The
Board of Appeals shall have jurisdiction in all disputes of any nature
or description arising from the grant or denial of any permit or order
or action of the Caln Township Building Official under the following
chapters of the Caln Code:
(1) Chapter
59, Building Construction.
(2) Chapter
60, Existing Building Code.
(3) Chapter
77, Electrical Standards.
(4) Chapter
79, Energy Conservation.
(5) Chapter
83, Fire Prevention.
(6) Chapter
86, Fuel Gas Code.
(7) Chapter
98, Mechanical Standards.
(8) Chapter
114, Plumbing Code.
(9) Chapter
120, Property Maintenance Code.
(10) Chapter
122, Residential Code for One- and Two-Family Dwellings.
B. Any
and all references in any chapter of the Caln Code to the Board of
Appeals shall hereafter refer to the Western Chester County Regional
UCC Board of Appeals.
[Amended 3-31-2011 by Ord. No. 2011-04; 8-9-2012 by Ord. No.
2012-02; 1-31-2013 by Ord. No. 2013-02]
The Board of Appeals shall be organized, meet and conduct hearings
in accordance with the intergovernmental agreement and any rules and
regulations adopted by the Board of Appeals from time to time.
[Amended 8-9-2012 by Ord. No. 2012-02; 1-31-2013 by Ord. No.
2013-02]
The Township, any of its agencies, any other governmental office, agency or department of the county, state or federal government having jurisdiction over the land in question, the landowner, the occupant of the land, any purchaser or optionee under an agreement of sale or option for having a direct, pecuniary or proprietary interest in lands immediately adversely affected by any action of the Building Official in the administration of Chapter
59 (all hereinafter referred to as "persons aggrieved") may appeal such action of the Building Official to the Board of Building Appeals, who shall hear and determine the same under the Local Agency Law of the Commonwealth of Pennsylvania.
[Amended 8-9-2012 by Ord. No. 2012-02; 1-31-2013 by Ord. No.
2013-02]
A. Membership
of Board. The Board of Building Appeals shall consist of three members
appointed by the Board of Commissioners of Caln Township, one such
member to be appointed for three years, one for two years and one
for one year, and thereafter each new member to serve for three years
or until his successor has been appointed and qualified.
B. Qualifications
of Board members. Each member shall have a general working knowledge
and understanding of construction, techniques, materials and design,
and his qualifications to serve shall be left to the sole, absolute
and unfettered discretion of the Board of Commissioners of Caln Township.
C. Absence
of members. During the absence of a member, by reason of disability
or disqualification, the Board of Commissioners shall designate a
qualified substitute.
D. Chairman
of the Board. The Board shall select one of its members to serve as
Chairman and one of its members to serve as Secretary to the Board.
The Secretary of the Board shall keep a detailed record of all proceedings
on file in the Department of Building Inspection.
E. Exemption
of members. A member of the Board shall not pass on any question in
which he is engaged as contractor or material or in the preparation
of plans or specifications, or in which he has any personal interest.
[Amended 8-9-2012 by Ord. No. 2012-02; 1-31-2013 by Ord. No.
2013-02]
The members of the Board of Building Appeals shall receive such
compensation as may from time to time be determined by the Board of
Commissioners. In addition, the Board of Building Appeals and members
thereof shall be reimbursed for all out-of-pocket expenses incurred
in the performance of their duties.
The municipality, whether or not a party before
the Board of Building Appeals, and any party other than a discretionary
party before the Board who is aggrieved by the decision of the Board
of Building Appeals may appeal to the Court of Common Pleas of Chester
County within 30 days from the date of the rendering of the decision
of the Board, and the Court of Common Pleas shall review the record
on certiorari to determine whether or not the Board of Building Appeals
abused its discretion or committed an error at law.