[Ord. 30-2004, passed 6-2-2004; Ord. 38-2006, passed 8-2-2006]
(a)
The Board of Appeals shall consist of nine members with one
from each of the following:
(1)
A registered architect.
(2)
A structural engineer.
(3)
A mechanical/plumbing engineer.
(4)
An electrical engineer.
(5)
A trained fire protection engineer or technician.
(6)
A registered industrial or chemical engineer.
(7)
A general building contractor.
(8)
A representative of business or industry.
(9)
A member of the general public.
(b)
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.
(c)
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.
(d)
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.
(e)
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]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
The Board of Appeals shall only consider the following factors when deciding an appeal under Section 501 (c)(2) of the Act:
(g)
The Board of Appeals may consider the following factors when
ruling upon a request for extension of time or the request for variance:
(1)
The reasonableness of the Uniform Construction Code's application
in a particular case.
(2)
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.
(3)
The availability of professional or technical personnel needed
to come into compliance.
(4)
The availability of materials and equipment needed to come into
compliance.
(5)
The efforts being made to come into compliance as quickly as
possible.
(6)
Compensatory features that will provide an equivalent degree
of protection to the Uniform Construction Code.
(h)
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.
(j)
The Board of Appeals shall provide a written notice of its decision
to the owner and to the Building Code Official.
(k)
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).
(l)
A $600 fee shall be charged for all Building Code appeals.
[Added by Ord. 27-2019, passed 4-17-2019]
