[Res. 2004-R-9, 6/23/2004, Part 1]
1. A Building Code Board of Appeals (hereinafter "Appeals Board") is
hereby established in conformity with the requirements of the Pennsylvania
Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103;
§ 501. (c) and 34 Pa. Code § 403.121. The Appeals
Board shall hear and rule on appeals, requests for variances and requests
for extensions of time under the Uniform Construction Code, as adopted
by Newtown Township.
2. An application for appeal shall be based on a claim that the true
intent of Act 45 - Uniform Construction Code as adopted by Newtown
Township, has been incorrectly interpreted, the provisions of Act
45 - Uniform Construction Code, as adopted by Newtown Township, do
not fully apply or an equivalent form of construction is to be utilized.
3. The UCC Board of Appeals may not act upon appeals, requests for variances and requests for extensions of time under the Uniform Construction Code, as adopted by Newtown Township, relating to Chapter
11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code for individual projects under § 301 (a) (3) of Act 45.
[Res. 2004-R-9, 6/23/2004, Part 2]
1. The membership of the Appeals Board shall consist of three residents
of the municipality appointed by the governing body. Members of the
Appeals Board shall hold office at the pleasure of the governing body
and shall hold no other office in the Township. Members of the Appeals
Board shall not be compensated for their service on the board.
2. The Board of Supervisors may appoint at least one but no more than
three residents of the municipality to serve as alternate members
of the Appeals Board. Alternate members of the Appeals Board shall
hold office at the pleasure of the Board of Supervisors and shall
hold no other office in the Township. Alternate members of the Appeals
Board shall not be compensated for their service on the board.
3. Members and alternate members of the Appeals Board shall be qualified,
as determined by the Board of Supervisors, 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/or training or experience as an inspector
or plan reviewer.
4. No member of the Board of Supervisors nor any code inspector employed
by the Township may serve on the Appeals Board. If the Board of Supervisors
is unable to find a sufficient number of qualified individuals who
reside within the municipality, it may appoint a qualified person
who resides outside of the municipality to fill a position.
5. An Appeals Board member may not cast a vote, or participate in any
hearing, in which the member has a personal, professional or financial
interest.
6. The Appeals Board shall elect from its own membership its officers.
For the conduct of any hearing and the taking of action, a quorum
shall not be less than a majority of all members of the board.
7. The Board of Supervisors is hereby authorized to enter into an intergovernmental
cooperation agreement with one or more municipalities to create an
Appeals Board.
[Res. 2004-R-9, 6/23/2004, Part 3]
1. In accordance with Title 34, Part XIV, § 403.212.(d), the
Appeals Board shall decide an appeal, variance request or request
for extension of time under the Uniform Construction Code, as adopted
by Newtown Township, by reviewing documents and written briefs or
argument unless the owner or owner's agent requests a hearing.
Hearings before the Board of Appeals shall be held on an as-needed
basis.
2. The Board of Appeals shall schedule hearings and provide public notice
of hearings in accordance with Pennsylvania law and regulations of
the Pennsylvania Department of Labor and Industry.
3. The Board of Supervisors may prescribe reasonable fees for hearings
before the Appeals Board. Fees may include compensation for a secretary,
notice and advertising costs and necessary administrative overhead
connected with the hearing.