[HISTORY: Adopted by the Borough Council of the Borough of Chalfont 5-11-2004 by Res. No. 2004-2 (Ch. 5, Part 7, of the 2010 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 180.
Contractors — See Ch. 187.
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 to 7210.1103, Section 501(c),[1] and Title 34 Pa. Code § 403.121. The Appeals Board shall hear and rule on appeals, requests for variances and requests for extensions of time.
[1]
Editor's Note: See 35 P.S. § 7210.501(c).
An application for appeal shall be based on a claim that the true intent of Act 45, Uniform Construction Code, has been incorrectly interpreted; the provisions of Act 45, Uniform Construction Code, do not fully apply; or an equivalent form of construction is to be utilized.
The UCC Board of Appeals may not act upon appeals, requests for variances and requests for extensions of time 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 Section 301(a)(3) of Act 45.[1]
[1]
Editor's Note: See 35 P.S. § 7210.301(a)(3).
A. 
The membership of the UCC Board of Appeals shall consist of three residents of the Borough of Chalfont appointed by the Borough Council. Members of the UCC Board of Appeals hold office at the pleasure of the Borough Council and shall hold no other office in the Borough. Members of the UCC Board of Appeals shall not be compensated for their service on the Board.
B. 
The Borough Council may appoint at least one but no more than three residents of the Borough to serve as alternate members of the Board. Alternate members of the Board of Appeals hold office at the pleasure of the Borough Council and shall hold no other office in the Borough. Alternate members of the UCC Board of Appeals shall not be compensated for their service on the Board.
C. 
Members and alternate members of the UCC Board of Appeals shall be qualified, as determined by the Borough Council, 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.
D. 
No member of the Borough Council nor any code inspector employed by the Borough may serve on the Appeals Board. If the Borough Council is unable to find a sufficient number of qualified individuals who reside within the Borough, it may appoint a qualified person who resides outside of the Borough to fill a position.
A. 
A UCC Board of Appeals member may not cast a vote, or participate in any hearing, in which the member has a personal, professional or financial interest.
B. 
The UCC Board of Appeals 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.
C. 
The Borough Council is hereby authorized to enter into an intergovernmental cooperation agreement with one or more municipalities to create an Appeals Board.
D. 
In accordance with Title 34, Part XIV, Section 403.122(d),[1] the UCC Board of Appeals shall decide an appeal, variance request or request for extension by reviewing documents and written brief or argument unless the owner or owner's agent requests a hearing. Hearings before the UCC Board of Appeals shall be held on an as-needed basis.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See 34 Pa. Code § 403.122(d).
E. 
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.
F. 
The Borough Council may prescribe reasonable fees for hearings before the UCC Board of Appeals. Fees may include compensation for a secretary, notice and advertising costs and necessary administrative overhead connected with the hearing.