[Ord. 07-2004-515, 7/22/2004; as amended by Ord. 10-2009-551,
10/8/2009]
In order to hear and decide appeals of orders, decisions, or
determinations made by the Building Official relative to application
and interpretation of this code, there shall be, and is hereby created,
a Building Code Board of Appeals. The Building Code Board of Appeals
shall be appointed by the Board of Commissioners and shall hold meetings
at its pleasure. The Board of Appeals shall adopt rules of procedure
for conducting its business. The Board of Appeals shall consist of
five Salisbury Township residents appointed to five-year terms, respectively,
by resolution of the Township Board of Commissioners; except that
the initial appointments shall be staggered for one-, two-, three-,
four-, and five-year terms, respectively, and thereafter each new
member or reappointed member shall serve a five-year term expiring
on January 1 after the fifth year is served. In addition, the Board
of Commissioners may appoint, by resolution, at least one but not
more than three residents of the Township to serve as alternate members
of the Board. Further, the Board of Commissioners may fill a position
on the Board of Appeals with a qualified person who resides outside
of the Township when a qualified person within the Township cannot
be found who satisfies the requirements of the code. The term of office
of an alternate member shall be three years. The Township shall designate
and provide a Secretary to the Board of Appeals. The Secretary shall
keep minutes and a detailed record of all proceedings held before
the Board for the files of the Building Code Official.
[Ord. 07-2004-515, 7/22/2004]
The Building Code Board of Appeals shall consist of members
who are qualified by experience and training to adequately decide
on matters pertaining to building construction and are not employees
of the jurisdiction. Training and experience may consist of an architect,
engineer, experienced builder, electrician, master plumber, etc.
[Ord. 07-2004-515, 7/22/2004]
Compensation for all members of the Building Code Board of Appeals
shall be determined by resolution of the Board of Commissioners.
[Ord. 07-2004-515, 7/22/2004]
The Board of Appeals shall be appointed by the Board of Commissioners
and shall hear and rule on appeals, requests for construction variances
and requests for extension of time. An application for appeal shall
be based on a claim that the true intent of the Uniform Construction
Code had been incorrectly interpreted, the provisions of the code
do not apply, or an equivalent form of construction is to be used.
The Board of Appeals shall hold a hearing within 20 days from the
date of an applicant's request. Once a decision has been reached,
a written notice will be sent to the applicant and to the Building
Code Official.
[Ord. 07-2004-515, 7/22/2004]
When three qualified members of the Board of Appeals are not
present to consider a particular appeal, the Building Inspector, Code
Enforcement Officer, or the appellant or his/her respective representative
shall have the right to request an immediate continuation of the hearing.
[Ord. 07-2004-515, 7/22/2004]
The Board of Appeals shall modify or reverse the decision of
the Building Inspector by a concurring vote of a majority of the members
present at the hearing. However, if all members are not present, the
Board may only modify or reverse the decision of the Building Inspector
by a concurring vote of at least two members of the Board. Failure
to secure two concurring votes (if less than all members are present)
shall be deemed a confirmation of the decision of the Building Inspector.
If the hearing is held before less than all members of the Board,
the appellant shall be entitled to a further hearing before a full
Board upon request therefor.
[Ord. 07-2004-515, 7/22/2004]
Any person aggrieved by a decision of the Board of Appeals,
whether or not a previous party of the decision, or an officer or
official board of the Township may, pursuant to the Pennsylvania Local
Agency Law, appeal to the Court of Common Pleas of Lehigh County within
30 days after due notice of the filing of the Board of Appeals' decision
with the Building Code Official.
