[HISTORY: Adopted by the Board of Supervisors of the Township of West Hanover 7-1-2002 by Ord. No. 2002-6; amended in its entirety 2-5-2007 by Ord. No. 2007-2. Subsequent amendments noted where applicable.]
Building construction — See Ch. 78.
Dangerous buildings — See Ch. 81.
Uniform construction codes — See Ch. 88.
Property maintenance — See Ch. 148.
The West Hanover Township Building Code Board of Appeals (hereafter known as the "Board of Appeals") shall be designated under the West Shore Council of Government's Building Code Board of Appeals Program and shall function in accordance with and have powers and duties conferred upon it by this chapter and the Pennsylvania Uniform Construction Code. The Building Code Board of Appeals shall exist to hear and rule on all appeals of the Building Code Official's determination on matters concerning all buildings, structures and the general health, safety and welfare of the community.
The Building Code Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time under the PA Uniform Construction Code, as adopted and amended from time to time by the West Hanover Township Board of Supervisors.
The Building Code Board of Appeals shall have exclusive jurisdiction to hear and render final appeal adjudications in matters related to determination of the Building Code Official in accordance with the procedures outlined in the PA Uniform Construction Code, as amended from time to time. Application for appeals heard by the Building Code Board of Appeals shall be based on a 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.
In accordance with the PA Uniform Construction Code, the Building Code Board of Appeals shall not act upon appeals, requests for variance or requests for extension of time relating to accessibility.
The Building Code Board of Appeals may jointly serve other municipalities only upon approval by resolution of the Board of Supervisors and upon mutual execution of an intermunicipal agreement in accordance with 53 Pa.C.S.A. §§ 2301 through 2315.
The Board of Appeals is authorized to establish its own rules and procedures necessary to carry out its duties. However, the following procedures shall apply to all appeals to the Building Code Board of Appeals:
An owner or owner's agent may seek a variance or extension of time or appeal of the Building Code Official's decision by filing a petition with the Building Code Official or other person designated by the Building Code Board of Appeals on a form(s) provided by the municipality or the West Shore Council of Government Building Code Board of Appeals program procedures.
An appeal or request for variance or extension of time to a board of appeals will automatically suspend an action to enforce an order to correct until the matter is resolved. An action under UCC § 403.84 (relating to unsafe building, structure or equipment) may not be stayed. The Building Official shall take immediate action in accordance with the final decision of the Building Code Board of Appeals.
The Secretary of West Hanover Township shall certify to the adoption of this chapter and cause the same to be published as required by law; and this chapter shall take full force and effect immediately upon final passage and approval.