[Ord. No. 487, 2/22/2022]
The Township of North Fayette hereby establishes a board of
the Township to be known as the "Building, Fire, and Property Maintenance
Codes Appeals Board of the Township of North Fayette," hereafter referred
to as the "Codes Appeals Board" who shall decide appeals concerning
the Building Code (Uniform Construction Code), Fire Code, and Property
Maintenance Code.
[Ord. No. 487, 2/22/2022]
The Board of Supervisors shall appoint Code Administrators to
administer various Township ordinances and regulations, including
the Building Code, Fire Code, and Property Maintenance Code. Officials
appointed as Code Administrators may include the Zoning Officer, Deputy
Zoning Officers, Building Code Officials, Fire Code Officials, and
Code Enforcement Officers.
[Ord. No. 487, 2/22/2022]
1. An owner
or owner's agent may seek a variance, extension of time, or appeal
a decision of a Code Administrator with the Codes Appeals Board by
filing a petition with the Township on a form provided by the Municipality.
2. 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.
3. An appeal,
request for variance, or extension of time to the Codes Appeals Board
will automatically suspend and action to enforce an order to correct
until the matter is resolved. An action under the PA Uniform Construction
Code Section 403.84 (relating to unsafe building, structure, or equipment)
or an action under the fire or property maintenance code relating
to an unsafe building or structure, occupancy of a structure or emergency
measures may not be stayed.
[Ord. No. 487, 2/22/2022]
1. The membership
of the Codes Appeals Board shall consist of five members and two alternates
who shall be qualified by experience and training to rule on matters
pertaining to building construction and fire prevention. The terms
of office shall be three years, except that of the membership of the
Codes Appeals Board first appointed: two members shall serve until
the 31st day of December following adoption of this chapter; two members
shall serve until the 31st day of the second December following the
adoption of this chapter; and one member shall serve until the 31st
day of the third December following the adoption of this ordinance.
Alternates shall serve for a period of three years.
A. The Codes
Appeals Board shall annually select one of its members to serve as
Chairman.
B. The Codes
Appeals Board shall annually select one of its members to serve as
Vice Chairman
C. The Codes
Appeals Board shall annually select one of its members to serve as
Secretary.
2. Members
of the Board of Supervisors, the Planning Commission, and the Zoning
Hearing Board may not serve on the Codes Appeals Board.
3. Code Administrators
and employees of the Township may not serve on a Codes Appeals Board.
4. Codes Appeals
Board members may not cast a vote or participate in a hearing in any
appeal, request for variance or request for an extension of time in
which the member has a personal, professional, or financial interest.
[Ord. No. 487, 2/22/2022]
1. The Codes
Appeals Board shall be responsible for hearing appeals on rulings
by Code Administrators in enforcing the Building, Fire and Property
Maintenance Codes of the Township.
2. The Codes
Appeals Board shall perform the following duties:
A. The Codes
Appeals Board shall hear and rule on appeals, requests for variances,
and requests for extensions of time by reviewing documents and written
brief or argument unless the owner or owner's agent requests a hearing.
An application for appeal shall be based on a claim that the true
intent of the act, Building Code, Fire Code, or Property Maintenance
Code has been incorrectly interpreted, the provisions of the act or
Building Code, Fire Code, or Property Maintenance Code do not fully
apply, or an equivalent form of construction is to be used.
[Ord. No. 487, 2/22/2022]
1. If the
owner or owner's agent requests a hearing, the Codes Appeals Board
shall schedule a hearing and notify the owner or owner's agent, the
Township Manager, and the Code Administrator of the date, time, and
place of the hearing.
A. The Codes
Appeals Board shall schedule meetings and provide public notice of
meetings in accordance with 65 Pa.C.S.A. §§ 701 through
716 (relating to the Sunshine Act).
B. The owner
or owner's agent, the Code Administrator, and any person whose interests
are affected shall be given an opportunity to be heard.
2. The Codes
Appeals Board 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 Codes Appeals Board shall convene a hearing
within 30 days of receipt of an appeal or request for a variance or
extension of time involving construction of a one- or two-family residential
dwelling.
A. When all
five members of the Codes Appeals Board are not present to hear an
appeal, either the owner or owner's agent shall have the right to
request a postponement of the hearing.
3. The Codes
Appeals Board shall only consider the following factors when deciding
an appeal under § 501(c)(2) of the PA Uniform Construction
Code Act:
A. The true
intent of the act or Building Code, Fire Code or Property Maintenance
Code was incorrectly interpreted.
B. The provisions
of the act do not apply.
C. An equivalent
form of construction is to be used.
4. The Codes
Appeals Board may consider the following factors when ruling upon
a request for an extension of time or the request for a variance:
A. The reasonableness
of other Building Code, Fire Code or Property Maintenance Code application
in a particular case.
B. The extent
to which the granting of a variance or extension of time will pose
a violation of the Building Code, Fire Code or Property Maintenance
Code or an unsafe condition.
C. The availability
of professional, technical personnel needed to come into compliance.
D. The availability
of materials and equipment needed to come into compliance.
E. The efforts
being made to come into compliance as quickly as possible.
F. Compensatory
features that will provide an equivalent degree of taction to the
Building Code, Fire Code or Property Maintenance Code.
5. The Codes
Appeals Board may not act upon appeals, requests for variance or requests
for an extension of time relating to accessibility under the PA Uniform
Construction Code Act.
6. The Board
of Appeals may:
A. Deny the
request in whole or in part.
B. Grant
the request in whole or in part.
C. Grant
the request upon certain conditions being satisfied.
7. The Codes
Appeals Board shall provide a written notice of its decision to the
owner, the Township Manager, and to the Code Administrator. The Codes
Appeals Board shall render a written decision regarding an appeal
or request for a variance or extension of time involving the construction
of a one- or two-family residential building within five business
days, or within 10 business days in cities of the first class, of
the latest hearing. The appeal shall be deemed granted if the Board
fails to act within this time period.
8. The Local
Agency Law, 2 Pa.C.S.A. § 105 et seq., shall govern the
practice and procedure of the Codes Appeals Board; provided, however,
nothing in this subsection shall prohibit the Codes Appeals Board
from adopting reasonable rules of practice and procedure.
[Ord. No. 487, 2/22/2022]
Appeals heard by the Codes Appeals Board shall be contingent
upon payment of the required fees at the time an appeal application
is filed with the Township. Fees are established from time to time
by resolution of the Board of Supervisors.