[Ord. 30-2004, passed 6-2-2004]
(a)
The Secretary has the exclusive power to grant modifications
and extensions of time and decide issues of technical infeasibility
under Chapter 11 (Accessibility) of the Uniform Construction Code
and other accessibility requirements contained in or referenced by
the Uniform Construction Code for individual projects under Section
301(a)(3) of the Act (35 P.S. § 7210.301(a)(3)).
(b)
The Accessibility Advisory Board is created with the following powers and duties under Section 106 of the Act (35 P.S. § 7210.106):
(1)
Review all proposed regulations under the Act and offer comment
and advice to the Secretary on all issues related to accessibility
by persons with physical disabilities and enforcement of accessibility
requirements.
(2)
Review all applications for modifications or variances of Chapter
11 (Accessibility) of the Uniform Construction Code and any other
accessibility requirements contained in or referenced by the Uniform
Construction Code. The Accessibility Advisory Board will advise the
Secretary whether modification or variance should be granted or whether
compliance is technically feasible.
(3)
Hear appeals from decisions of Building Code Officials; recommend
modifications or variances or extensions of time. An appeal of a decision
of a Building Code Official shall be based on a claim that the true
intent of the Act or the Uniform Construction Code was incorrectly
interpreted, the Act does not apply or an equivalent form of construction
is to be used.
(c)
The Accessibility Advisory Board will schedule meetings and
provide public notice of meetings in accordance with 65 Pa.C.S.A.
§§ 701-716 (relating to the Sunshine Act).
(d)
The Accessibility Advisory Board will hear requests for variances
or modification, requests for extensions of time and appeals in accordance
with the following procedure:
(1)
An owner or owner's agent shall file an appeal with the
Accessibility Advisory Board on a Department-provided form.
(2)
The postmark date or the date of personal service will establish
the filing date of the appeal.
(3)
An appeal to the Accessibility Advisory Board will automatically
suspend an action to enforce an order to correct except where there
is an unsafe building, structure or equipment under Section 1503.55
(relating to unsafe building, structure or equipment).
(4)
The Accessibility Advisory Board will make recommendations based
upon documents and written brief unless the owner requests a hearing.
(5)
If the owner or owner's agent requests a hearing, the Accessibility
Advisory Board will schedule a hearing and will provide written notification
to the owner or owner's agent and the Building Code Official
of the date, time and place of the hearing. The notification will
be made no less than five days prior to the hearing unless the owner
waives this period.
(6)
The Accessibility Advisory Board may consider the following
factors when a request for an extension of time or a variance or other
appropriate relief is reviewed:
A.
The reasonableness of the regulations or Uniform Construction
Code as applied in the specific case.
B.
The extent to which an extension of time or a variance will
subject occupants of the building or structure to conditions which
do not comply with the Uniform Construction Code.
C.
The availability of professional or technical personnel needed
to comply with the Uniform Construction Code.
D.
The availability of materials and equipment needed to comply
with the Uniform Construction Code.
E.
The efforts made to safeguard occupants.
F.
The efforts made to comply with the Uniform Construction Code.
G.
Compensatory features that will provide an equivalent degree
of compliance with the intent of the Uniform Construction Code.
(8)
The Secretary will make a final decision on the request and
will issue written notice of the decision to the owner or the owner's
agent and the Building Code Official.
(e)
An individual, partnership, agency, association or corporation
who reasonably believes there is a violation of the accessibility
provisions of the Act or the Uniform Construction Code by a governmental
entity or private owner may file a complaint with the body responsible
for enforcement of the Uniform Construction Code under Section 501(f)
of the Act (35 P.S. § 7210.501(f))
[Ord. 30-2004, passed 6-2-2004]
The Uniform Construction Code, contained in 34 Pa. Code, Chapter
405, as amended from time to time is adopted by the City of Erie,
however will be administered by the Department of Labor and Industry.
