[Ord. 30-2004, passed 6-2-2004; Ord. 38-2006, passed 8-2-2006]
The Board of Appeals shall consist of nine members with one from each of the following:
A registered architect.
A structural engineer.
A mechanical/plumbing engineer.
An electrical engineer.
A trained fire protection engineer or technician.
A registered industrial or chemical engineer.
A general building contractor.
A representative of business or industry.
A member of the general public.
In addition, the Board will have two alternative members with any of the above qualification and one Master Plumber. City Council shall appoint such members to serve on the Board with an initial term of three years for three members and an alternate, two years for three members and an alternate, and one year for three members and an alternate. Subsequent appointments shall be for a term of three years or the remaining term in the case of an early resignation.
The members of the Board shall serve without compensation, but shall be reimbursed for any expenses actually incurred. The Board shall elect its own Chairman, Vice-Chairman and Secretary. A quorum shall consist of a majority of the voting members of the Board. At the beginning of each year, the Board shall schedule and provide public notice of the dates of monthly meetings.
The Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time. An application for appeal shall be based on a claim that the true intent of the ordinance or Uniform Construction Code has been incorrectly interpreted, or they do not fully apply or an equivalent form of construction is to be used. The Board may not act upon appeals, request for variance or request for extension of the time relating to accessibility under the act. Accessibility issues should be sent to the Department's Accessibility Advisory Board.
A Board member may not cast a vote or participate in a hearing in any appeal, request for variance or request for extension of time in which the member has a personal, professional or financial interest.
[Ord. 30-2004, passed 6-2-2004]
An owner or owner's agent may seek a variance or extension of time or appeal a building code official's decision by filing a petition with the Building Code Official or other person designated by the Board of Appeals on a form provided by the City of Erie.
The postmark date or the date of personal service will establish the filing date of the appeal and request for variance or extension of time.
An appeal or request for variance or extension of time to the Board of Appeals will automatically suspend an action to enforce an order to correct until the matter is resolved. An action under Section 1503.55 (relating to unsafe building, structure or equipment) may not be stayed.
The Board of Appeals shall decide an appeal, variance request or request for extension of time by reviewing documents and written brief or argument unless the owner or owner's agent requests a hearing.
The Board of Appeals shall hold a hearing within 60 days from the date of an applicant's request unless the applicant agreed in writing to an extension of time.
The Board of Appeals shall only consider the following factors when deciding an appeal under Section 501 (c)(2) of the Act:
The Board of Appeals may consider the following factors when ruling upon a request for extension of time or the request for variance:
The reasonableness of the Uniform Construction Code's application in a particular case.
The extent to which the granting of a variance or an extension of time will pose a violation of the Uniform Construction Code or an unsafe condition.
The availability of professional or technical personnel needed to come into compliance.
The availability of materials and equipment needed to come into compliance.
The efforts being made to come into compliance as quickly as possible.
Compensatory features that will provide an equivalent degree of protection to the Uniform Construction Code.
If the owner or owner's agent requests a hearing, the Board of Appeals shall schedule a hearing and notify the owner or owner's agent and Building Code Official of the date, time and place of the hearing.
The Board of Appeals shall provide a written notice of its decision to the owner and to the Building Code Official.
An owner shall file an appeal, request for variances and request for extension of time relating to accessibility with the Accessibility Advisory Board under Section 1503.71 (relating to Accessibility Advisory Board).
A $600 fee shall be charged for all Building Code appeals.
[Added by Ord. 27-2019, passed 4-17-2019]