(a) An owner or owner's agent may seek a
variance or extension of time or 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 a form provided by the municipality.
(b) 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.
(c) 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 §
403.84 (relating to unsafe
building, structure or equipment) may not be stayed.
(d) A board of appeals shall decide an
appeal, variance request or request for extension of time by reviewing
documents and written brief or argument unless the owner or owner's agent
requests a hearing.
(e) A board of
appeals 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. A board
of appeals shall convene a hearing within 30 days of receipt of an appeal or
request for variance or extension of time involving the construction of a one-
or two-family residential building.
(f) A board of appeals shall only consider
the following factors when deciding an appeal under section 501(c)(2) of the
act:
(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.
(g) A board of appeals may consider the
following factors when ruling upon a request for extension of time or the
request for variance:
(1) The reasonableness
of the Uniform Construction Code's application 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 Uniform
Construction Code or an unsafe condition.
(3) The availability of professional or
technical personnel needed to come into compliance.
(4) The availability of materials and
equipment needed to come into compliance.
(5) The efforts being made to come into
compliance as quickly as possible.
(6) Compensatory features that will provide
an equivalent degree of protection to the Uniform Construction Code.
(h) 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.
(i) The board
of appeals may:
(1) Deny the request in whole
or in part.
(2) Grant the request
in whole or in part.
(3) Grant the
request upon certain conditions being satisfied.
(j) The board of appeals shall provide a
written notice of its decision to the owner and to the building code official.
A board of appeals shall render a written decision regarding an appeal or
request for variance or extension of time involving the construction of a one-
or two-family residential building within 5 business days, or within 10
business days in cities of the first class, of the latest hearing. The appeal
shall be deemed granted if a board of appeals fails to act within this time
period.
(k) An owner shall file an
appeal, request for variances and request for extension of time relating to
accessibility with the Accessibility Advisory Board under §
403.142 (relating to Accessibility
Advisory Board).
