34 Pa. Code § 403.121 - Board of appeals
(a) A
municipality which has adopted an ordinance for the administration and
enforcement of the Uniform Construction Code or is a party to an agreement for
the joint administration and enforcement of the Uniform Construction Code shall
establish and appoint members to serve on a board of appeals under section
501(c) of the act (35 P. S. §
7210.501(c)).
(b) The board of appeals shall hear and rule
on appeals, requests for variances and requests for extensions of time. An
application for appeal 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.
(c) The composition of a board of appeals is
governed by all of the following:
(1) 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.
(2) A member of the board
of appeals holds office at the pleasure of the municipality's governing
body.
(3) Members of a
municipality's governing body and its code administrators may not serve on a
board of appeals.
(4) A
municipality may fill a position on the board of appeals with a qualified
person who resides outside of the municipality when it cannot find a person
within the municipality who satisfies the requirements of this
section.
(d) Two or more
municipalities may establish a joint board of appeals through an intermunicipal
agreement under
53 Pa.C.S. §§
2301-2315 (relating to
intergovernmental cooperation).
(e)
A board of appeals member may not cast a vote or participate in a hearing in
any appeal, request for variance or request for extension of time in which the
member has a personal, professional or financial interest.
(f) A board of appeals shall schedule
meetings and provide public notice of meetings in accordance with
65 Pa.C.S. §§
701-716 (relating to Sunshine
Act).
(g) A board of appeals may
not act upon appeals, requests for variance or requests for extension of time
relating to accessibility under the act.
(h) The fee for an appeal in a municipality
which has adopted an ordinance for the administration and enforcement of the
Uniform Construction Code or is a party to an agreement for the joint
administration and enforcement of the Uniform Construction Code will not exceed
the actual costs of publishing the hearing notice, court reporter services and
other necessary administrative services under section 501(c) of the act
(35
P. S. §
7210.501(c)(4)).
Notes
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