[HISTORY: Adopted by the Board of Supervisors of Edgmont Township 1-19-2005 by Ord. No. 188. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Board of Supervisors does hereby establish a Board of Appeals (the "Board) as required by the Pennsylvania Construction Code Act, Act 45 of 1999, as amended, [35 P.S. § 7210.501(c)]; the Pennsylvania Uniform Construction Code, 34 Pa. Code Chapters 401 and 403; and the Edgmont Township Building Code, Ordinances 184 and 186 of 2004,[1] subject to and in accordance with the provisions of this chapter.
[1]
Editor's Note: See Ch. 150, Construction Codes, Art. I, Adoption of Standards.
A. 
The Board shall consist of five members who shall, at a minimum, be qualified to render decisions on matters pertaining to building construction as set forth in the Pennsylvania Construction Code Act, Act 45 of 1999,[1] as amended. A quorum of the Board shall consist of three members.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B. 
The Board of Supervisors shall designate and appoint, by resolution, the membership of the Board.
C. 
Members of the Board shall serve at the pleasure of the Board of Supervisors.
D. 
No member of the Board of Supervisors or Township Code Administrator may serve on the Board.
E. 
Members of the Board shall reside in the Township of Edgmont unless the Board of Supervisors cannot find persons to serve on the Board who meet the minimum requirements of the Pennsylvania Construction Code Act, Act 45 of 1999, as amended.
F. 
No member of the Board may vote on a matter before the Board on which that member has a personal, professional or financial interest.
G. 
The members of the Board shall meet annually and appoint a Board Chairperson, Vice Chairperson and Secretary, who shall serve until their respective replacements are duly appointed.
H. 
The Board of Supervisors may appoint separate legal counsel to serve the Board. The Board of Supervisors shall determine the compensation to be paid. Legal counsel serving the Township or any other commission or board of the Township shall not be appointed to serve the Board.
I. 
The Board shall establish regular meeting dates at the beginning of each calendar year and shall cause the date, time and location of said meetings to be published in a newspaper of general circulation within the Township in accordance with applicable law.
J. 
The Board may make, alter and rescind rules and forms for its procedure, consistent with this chapter, ordinances of the Township and the laws of the Commonwealth of Pennsylvania. The Board shall keep full public records of its business, which shall be the property of the Township. The Board shall submit reports of its activities to the Board of Supervisors as requested by the Board of Supervisors.
The Board shall hear and rule on appeals, requests for variances and requests for extensions of time, from or under the Edgmont Township Building Code,[1] which do not relate to accessibility or the validity of the Edgmont Township Building Code or provisions thereof.
[1]
Editor's Note: See Ch. 150, Construction Codes.
A. 
An appellant may seek a variance or extension of time or appeal a Building Code Official's decision by filing an application with the Township on a form provided by the Township and paying the required application fee established by the Board of Supervisors from time to time, by resolution, within 30 days of the date of the Edgmont Township Building Code enforcement notice from the Township.
B. 
All applications will be promptly reviewed by the Township for completeness. Incomplete application forms or forms which are not accompanied by the correct application fee shall be returned to the applicant with written reasons therefor, for completion and resubmission by the applicant.
C. 
The postmark date of a properly completed application or the date of personal service of such application upon the Township will establish the filing date of the application and request for variance or extension of time for purposes of computation of time.
D. 
An appeal or request for variance or extension of time to the Board will automatically suspend an action to enforce an order to correct until the matter is resolved, except that an action relating to unsafe building, structure or equipment may not be stayed or suspended by the filing of an appeal.
E. 
The Board shall only consider the following factors when deciding an appeal:
(1) 
The true intent of the Edgmont Township Building Code was incorrectly interpreted.
(2) 
The provisions of the Edgmont Township Building Code do not apply.
(3) 
If the form of construction to be used is equivalent to the Edgmont Township Building Code.
F. 
The Board may consider the following factors when ruling upon a request for extension of time or the request for variance:
(1) 
The reasonableness of the application of the Edgmont Township Building Code 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 Edgmont Township Building Code or an unsafe condition.
(3) 
The availability of professional or technical personnel needed to bring the matter into compliance with the Edgmont Township Building Code.
(4) 
The availability of materials and equipment needed to bring the matter into compliance with the Edgmont Township Building Code.
(5) 
The efforts being made to bring the matter into compliance with the Edgmont Township Building Code as quickly as possible.
(6) 
Compensatory features that will provide an equivalent degree of protection to the Edgmont Township Building Code.
G. 
An applicant shall file an appeal, request for variance and request for extension of time relating to accessibility with the Accessibility Advisory Board under Section 403.142 of the Uniform Construction Code (34 Pa. Code § 403.142).
H. 
A person aggrieved by the application or enforcement of any provision of the Edgmont Township Building Code shall challenge the validity of the Edgmont Township Building Code in the Court of Common Pleas of Delaware County. In order to be aggrieved, a person must have a direct, immediate and substantial interest in the application or enforcement of the Edgmont Township Building Code.
A. 
The Board shall hold a hearing within 60 days from the date of a properly completed application unless the applicant agreed, in writing, to an extension of time, or the applicant did not request a hearing at the time of the filing of the properly completed application. If the applicant has requested a hearing, the Board of Appeals shall notify the applicant, Building Code Official and other person who has requested notice, in writing, of the date, time and place of the hearing.
B. 
If the hearing is scheduled for a meeting other than a regularly scheduled meeting of the Board for which notice has already been advertised, notice of the hearing shall also be published once in a newspaper of general circulation within the Township at least seven days but in no event less than 24 hours prior to the date and time of the scheduled hearing. Such notice shall, at a minimum, state the date, time and location of the meeting and a brief summary of the purpose of the hearing.
C. 
All hearings before the Board shall be open to the public. The applicant, the Building Code Official and any person whose interests are affected shall be given an opportunity to be heard.
D. 
The Board shall decide an appeal, variance request or request for extension of time by reviewing documents and written brief of the applicant and with argument if the applicant has requested a hearing at the time the application is filed.
E. 
The Board shall keep a stenographic record of all hearings. The appearance fee for the stenographer shall be the responsibility of the applicant. Copies of transcripts shall be the responsibility of the person requesting the transcript.
F. 
The Chairperson or acting Chairperson of the Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties, and shall make all rulings on the admissibility of evidence.
G. 
The applicant and any other party may be represented at a hearing by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
H. 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
I. 
The applicant shall bear the burden of proof on all matters in connection with the application.
J. 
The Board shall render a decision upon the application in which it may:
(1) 
Deny the relief in whole or in part.
(2) 
Grant the relief in whole or in part.
(3) 
Grant the relief upon certain conditions being satisfied.
K. 
The Board shall mail the written decision to the applicant within 10 business days following the conclusion of the last hearing on the application. A copy of the decision shall also be sent to the Building Code Official and to any other person who shall have filed a written request with the Board requesting the decision. When an application is denied or contested, the Board shall issue findings of fact.
L. 
The applicant shall have the right to appeal the decision to the Court of Common Pleas of Delaware County.