[Adopted 2-6-2018 by Res. No. 2018-7]
The Fire Code Board of Appeals shall consist of three members appointed by the Board of Supervisors, shall serve at the pleasure of the Board of Supervisors and shall serve without compensation. Each member shall serve a three-year term whose term shall expire on the first Monday of January, provided that the members of said Board of Appeals first appointed shall be appointed for varying terms so that no more than one term shall expire annually. Such members shall not be employees of the Township of Upper Southampton.
The Fire Code Board of Appeals shall annually select one of its members to serve as chairman.
The Fire Code Official shall be an ex officio member of the Fire Code Board of Appeals but shall not have any vote on any matter before the Board.
The members of the Fire Code Board of Appeals shall possess knowledge and experience to pass and decide matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems. The position of member of the Fire Code Board of Appeals may be held by a qualified person who resides outside of Upper Southampton Township when a person cannot be found within the Township who satisfies the requirements of this section.
The Township shall furnish legal counsel to the Fire Code Board of Appeals to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the Township's expense in all matters arising from service within the scope of their duties.
The Fire Code Board of Appeals will conduct its practice and procedure in accordance with Pennsylvania Local Agency Law, 2 Pa.C.S.A. §§ 551 through 555. Parties who wish to file an appeal to the Fire Code Board of Appeals shall submit an application, on a form supplied by the Township, which shall describe in detail the nature of the appeal with specific references to relevant sections of the International Fire Code. An application for appeal shall be based on a claim that the intent of the Code or rules legally adopted hereunder has been incorrectly interpreted, the provisions of the Code do not fully apply, or an equivalent method of protection or safety is proposed. The Board shall have no authority to waive requirements of the International Fire Code.
All decisions and findings of the Fire Code Board of Appeals shall be delivered to the appellant with a duplicate copy to the Fire Code Official. All hearings shall be held within 30 days from date of application. All decisions and adjudications shall include findings of fact and conclusions of law and rendered, in writing, and served upon interested parties within 45 days of the last hearing. A person aggrieved by the decision and adjudication by the Fire Code of Appeals who has a direct interest in such decision and adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeal in accordance with 2 Pa.C.S.A. §§ 751 through 754.
This article shall become effective immediately upon adoption.