The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, together with its regulations, is incorporated herein by reference and is hereby adopted as the municipal Building Code of Tobyhanna Township.
[Amended 9-11-2017 by Ord. No. 538]
A. 
Creation of Appeals Board. 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 through 7210.1103; § 501(c) 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.
B. 
Appointment of members.
(1) 
The Appeals Board shall consist of five members appointed by the Board of Supervisors as follows:
(a) 
One member shall be appointed to serve a five-year term;
(b) 
One member shall serve a four-year term;
(c) 
One member shall serve a three-year term;
(d) 
One member shall serve a two-year term; and
(e) 
One member shall serve a one-year term.
(2) 
After the initial appointments, each new member shall serve for five years or until a successor has been appointed.
C. 
Qualification of members. The members of the Appeals Board shall, in the discretion of the Board of Supervisors, be qualified 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 or training or experience as an inspector or plan reviewer. No member of the Board of Supervisors or 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 Township, it may appoint a qualified person who resides outside of the Township to fill a position.
D. 
Alternate members. The Board of Supervisors shall appoint two alternate members who shall be called by the Appeals Board Chairperson to hear appeals in the event of the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership and shall be appointed for five years or until a successor has been appointed.
E. 
Intergovernmental cooperation. The Board of Supervisors is hereby authorized to enter into an intergovernmental cooperation agreement with one or more municipalities to create an Appeals Board.
F. 
Chairperson and Secretary. The Appeals Board shall annually select one of its members to serve as Chairperson and Secretary. The Secretary shall file a detailed record of all proceedings in the office of the Township Manager.
G. 
Disqualification of member. A member of the Appeals Board shall not hear an appeal in which that member has any personal, professional or financial interest.
H. 
Operation of Board of Appeals. The procedure for conduct of hearing and notices of hearings may be established by resolution of the Board of Supervisors and shall be consistent with Pennsylvania law and regulations of the Pennsylvania Department of Labor and Industry.
A. 
All Building Code ordinances or portions of ordinances which were adopted by Tobyhanna Township on or before July 1, 1999, and which equal or exceed the requirements of the code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time, or until such time as the Township repeals such previously adopted requirements.
B. 
All Building Code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
C. 
All relevant ordinances, regulations and policies of Tobyhanna Township not governed by the code shall remain in full force and effect.