[Adopted 5-21-2009 by Ord. No. 1307]
The Borough of Clearfield and Lawrence Township have agreed
to enforce and administer the Pennsylvania Uniform Construction Code
for the Borough and the Township and shall establish and appoint members
to serve on a Board of Appeals under 501(c) of the Act [35 P.S. § 7210.501(c)]
and shall adhere to the following.
The Board of Appeals shall hear and rule on appeals. An application
for appeal shall be based on claim that the true intent of the Act
or Uniform Construction Code has been incorrectly interpreted, the
provisions of the Act or Uniform Construction Code do not fully apply,
or an equivalent form of construction is to be used.
A.
A member of the Board of Appeals shall be qualified by training and
experience to pass on matters pertaining to building construction.
Training and experience may consist of licensure as an architect or
engineer, experience in the construction industry, and training or
experience as an inspector or plan reviewer.
B.
The Board of Appeals shall consist of five members.
C.
The term of each member of the Board of Appeals shall be three years.
D.
The original joint Board of Appeals shall consist of two members
appointed by Clearfield Borough and three members appointed by Lawrence
Township. All five members of the Board shall serve for three years.
Upon the expiration of three years, Lawrence Township shall appoint
two members and Clearfield Borough shall appoint three members. All
five members shall serve for three years. Upon the expiration of the
three-year term, the members will be replaced on this alternating
basis by the Township and the Borough.
E.
Borough Council members, Township Supervisors and their code administrators
may not serve on the Board of Appeals.
F.
A Board of Appeals member may not cast a vote or participate in a
hearing in any appeal which the member has a personal, professional
or financial interest.
G.
The Board of Appeals shall schedule meetings and provide public notice
of meetings in accordance with 65 Pa.C.S.A. 701 through 706 (relating
to the Sunshine Act).
A.
Any owner or owner's agent may 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 an acceptable form.
B.
The postmark date or the date of personal service will establish
the filing date of the appeal.
C.
An appeal to the Board of Appeals will automatically suspend an action
to enforce an order to correct until the matter is resolved. An action
under 34 Pa. Code § 403.84 (relating to unsafe building,
structure or equipment) may not be stayed.
D.
The Board of Appeals shall decide an appeal 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 the applicant's request unless the applicant agrees 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:[1]
(1)
The true intent of the Act or Uniform Construction Code was incorrectly
interpreted.
(2)
The provisions of the Act do not apply.
(3)
An equivalent form of construction is to be used.
[1]
Editor's Note: See 35 P.S. § 7210.501(c)(2).
G.
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.
The Board of Appeals may:
H.
The Board of Appeals shall provide a written notice of its decision
to the owner and the building code official.
The Borough and the Township shall set a fee schedule for hearings
and related appeals. The fee schedule may be reviewed from time to
time to determine reasonable rates for hearing costs.
The Borough and the Township shall set forth enforcement through
their individual municipality.
